Eu Law Essay

1490 words - 6 pages

The right of EU citizens to move freely from one Member State to another is one of the fundamental rights of EU law , enshrined in Article 45 of the Treaty on the Functioning of the European Union (TFEU). The right to free movement is subject to derogation on the grounds of public policy, public security and public health, together with a more tailored exception in relation to employment in the public service .

Alec

As a Polish national, Alec is also an EU citizen . Article 21(1) and Article 45 TFEU guarantees the rights of EU citizens and their families to move freely and reside within the territory of other Member States provided that they are engaged in the internal market economic activity or are financially self-sufficient . As such, he is entitled to move to Bulgaria to work as a plumber. The meaning and scope of the word ‘worker’ is not defined in any EU legislation , but is instead defined in case law. In Lawrie-Blum , a worker was defined as someone who is obliged to provide services to another in exchange for monetary reward. The issue of part time workers was considered in Levin , in which it was held that the rules on the freedom of movement of workers extended to part time workers so long as this work amounted to genuine economic activity . This issue was taken a step further in Kempf , in which it was held that part time work still amounted to genuine economic activity even where the level of pay was below subsistence level and the worker was required to supplement his income by means of public assistance . It is irrelevant therefore that Alec intends to work part time. Alec must move from his home state in order to invoke any rights of free movement.

Charles is not an EU citizen and as such no automatic rights of entry under EU law .Instead, he must rely on Alec’s EU rights as a ‘family member’. Pursuant to Directive 2004/38, a family member includes a spouse, even if they themselves are not EU citizens, and even where that marriage has broken down . Alec and Charles are in a registered partnership and have been together for 5 years. Providing that Bulgaria recognises the status of registered partnership the entry should be granted . Failing that if it is accept that the couple are in a ‘durable relationship’ , they will be required to facilitate Charles’ entry into the country .

Flora

As a Portuguese national, Flora is also an EU citizen and as such entitled to assert her rights of free movement as a worker under Article 45 TFEU. She has however been refused a job as a law lecturer as her English skills are minimal. As a general rule, Member States must not limit employment opportunities for ‘foreign nationals’ . However, it may be permissible to demand ‘linguistic knowledge’ where the ‘nature of the post’ requires it . Assuming that the law lectures are delivered in English to English speaking students, the refusal of a job due to Flora’s limited English skills may be permissible provided that the rule is not being...

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