European Union Law.

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Assessement-Part 1

Course: European Union Law (4 FBL 201)

Module leader:  Tony Boyt

Seminar Tutor:  Michael Connelly

Student name:   Laura Geron

Course:              B.A. International Business and Spanish.

Registration :    00145221B

Question2 

 All national or citizens of EU Member States are automatically also citizens of the   European Union. Being German, Klaus and his family are entitled to all of the citizens of EU rights. It also gives them additional rights and responsibilities.

The E.U tends to have a “common market power” that gives freedom of movement to the labour however this policy has also social consequences.

 The law on the free movement of persons within the EU would help Klaus and its family. It is part of the four important freedom of the Community law with the free movement of goods, services, and capital. It is a core policy of the European Law that is covered under Article 39 (ex 48). One of the major changes made by the Amsterdam Treaty is the introduction of the new EC Treaty title on “visas, asylum, immigration and the Free Movement of Persons” that help to ensure “freedom and security” to all Members State.

Klaus and Astrid are describing as workers: “A worker is someone who performs services for and under the direction of another in return for remuneration during a certain period of time.” Because they have been working since their arrivals in the UK even part-time.

  • Lawrie- Blum v. Land Baden Wurttemberg (Case 66/85)[1986] and Kempf v. staatssecretaris van Justitie (Case 139/85)[1986]: The cases underlined the fact that who worked part-time are included.

Eligibility for employment:

When Astrid applied for an estate agent job, she has been required to pass a test in English that she failed and so was not entitled to the job. E.C nationals are entitled to have an employment in another Member State under the same conditions as the nationals citizens: Article 1, Regulation 1612/68.Recruitment sometimes can impose conditions relating to linguistic competence however it could use against non-nationals.

 

  • Groener . v. Minister for Education (case 397/87:) Groener was a Dutch teacher who was refusing a post of teaching essentially in English, after failing an Irish test.

Because Astrid already passed an English test in Germany, it would mean that she is able to speak and write in correct English (including the fact that she found a job in Bank after.). Estate agent does not require an intransigent level of language so she could have complained about the fact that she has been refused the job, which can be contrary to Article39 (48) of the treaty and Article 3 of Regulation 1612/68.As well as a breach of directive 89/48 and 92/51 which provide a general system for recognition of degrees and qualification.

  • EEC treaty. Article 39(Ex: Article 48).

Any clause of a collective or individual agreement or any other collective regulation concerning eligibility for employment, employment, remuneration and other conditions of work or dismissal shall be ignore if discriminatory conditions occurs in respect of workers who are nationals of the other Member State.

Klaus was not entitled to the same company pension and Astrid was not able to have free banking for herself and her family like U.K nationals.

  • Employment and equality of treatment:

           Regulation 1612/68

  • Article 7
  1. A worker who is a national of a Member of State may not, in the territory of another Member of State, be treated differently from national workers because of his nationality in respect of any conditions of employment and work, in particular as regards to remuneration, dismissal, and should he become unemployed, reinstatement or re-employment.
  2. He shall enjoy the same social and tax advantages as national workers.

          This article shows the inevitable social consequences of economic                           integration.

  • Article 9

         A worker who is national of a Member of State and who is employing in                  the territory of another Member State shall enjoy all the rights and benefits accorded to national workers in matters of housing, including ownership of the housing he needs.

 

  • Case 207/78, Ministere Public v. Even and ONPTS [1979] ECR 2019,[1980]2 cmlr 71: A French worker in Belgium received an early retirement pension but with a percentage reduction due to his statute. Regulation 1612/68 was using.

  • Sotgiu v.Deutsche Bundespot (Case 152/73) 1974: Sotgiu was an Italian living in Germany where the federal Post Office employed him. He received an allowance, which was at a lower rate than nationals were. German Court made an Article 177 reference.
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Klaus was refused the equal pension entitlement and equal amount of holidays as a UK national. As mentioned above this is discrimination on grounds of nationality. Regulation 1612/68: Article 7 (2). This applies as well to Astrid, which has been refused free banking.

Klaus received social benefits when working under the regulation 1612/86 but ceased after three months of unemployment. The law State that a person is free to live in another Member State as long as he can support herself or is classed as dependant of someone or is a worker. Klaus was not filing any of ...

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