Does refusing to acknowledge Maria as a worker a breach EU law?
The necessary components to be a worker are outlined in Blum. The individual must provide a service, while under the employ of another individual, for which they must receive a monetary reward. Maria fulfills these necessities in being a teacher. The duration or value of money they make doesn’t determine if they’re a worker unless the hours are ‘marginal and ancillary’. Maria is a worker as her hours are steady and regular and her work appears effective and genuine. Thus, Maria is a worker despite the authority’s claims, and consequently can challenge the requirement as she is covered by Article 45.
Article 45 outlines public security, policy or health can provide justifications. Additionally, the article doesn’t apply to employment in the public service. This is defined in Alevizos as involving participation ‘in the exercise of powers conferred by public law’ However, this can’t be relied on because the Commission published a notice which identified teaching as a profession rarely part of the public service. Moreover, it fails the general interest test of proportionality as the measure is neither suitable or necessary to achieve the aim. Thus, the measure is unjustified.