(1989)
FREE MOVEMENT
EDUCATION ART. 165 TFEU
LEGAL ANALYSIS
A Dutch woman teaches English in Ireland. Irish laws require an Irish knowledge test for teachers to become eligible for a permanent contract. The Dutch women don't’ passes the exam and claims she is facing a discrimination, as it is harder for her to become permanently employed. There is free movement as there is a cross-border element. However, education is an exclusive competence (Art. 165 TFEU) of the MS, so the EU cannot intervene in the organization or content of a MS’s education system.
CJEU:
There clearly is a restriction so we have to see if it can be justified. Discrimination is forbidden but exception can be allowed.
* Is it objective ?
The Irish regulation prohibits discrimination on the free movement but allows exceptions when linguistic knowledge is required. It is in the general public interest of Ireland because Irish is an officially recognised language that needs promotion
→ (§20) Teachers are important for implementing this language because of their participation in school and privileged relationships with pupils.
*proportionality?
The Irish exam should only ask what is necessary but the organisation of the exam is left to Ireland.