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Critical Context in law - Essay Example

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Critical Contexts of Law Assignment 1 (625 words) 1. What specific rights would be acquired by Karl or Gabrielle if they obtained European Union citizenship and how, if at all, could they acquire citizenship? Karl Kasparov had arrived in London in December 2000…
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Download file to see previous pages By proving that either they or any of their ancestors were born in the EU b. By going through a Naturalization Process and obtaining a Residence Permit for living in a EU country under legal conditions However, Karl and Gabriel Kasparov hailed from Kazakhstan and thus could not have secured EU citizenship through their origin or family descent. Kazakhstan was not a member country of the EU, they would not have been entitled to the fundamental rights of the EU citizens. The only option available to them was the second method. Karl and sister Gabriel could acquire the rights of British citizenship following the process of naturalization, marital ties, the extension of awards or the expansion of business ties. They could have applied for a Residence Permit allowing them to live and work in the EU. For this, they would have been required to go through the process of Naturalization. This procedure would have required Karl and Gabriel to live and work in England legally (or any other EU country) for a considerable period of time. In this situation, Karl Kasparov chose to hide his actual identity in London and lived there assuming several fake identities. This would have created a hindrance in his application for the EU citizenship. Karl and Gabriel would have had to prove their legal identity during their stay in London from 2000-2008. Only then, they would have been eligible for applying for EU citizenship through the Naturalization process. After acquiring the EU citizenship, they would have been eligible to apply for a passport and a national identity proof of the EU. Thus, citizenship of the EU can be secured with the help of ‘birth, marriage, long-residency and family relations’.1 If Karl and Gabriel Kasparov had been successful in securing the citizenship of the EU, they would be granted certain basic rights. These privileges have been enumerated in the EU Charter of Fundamental Rights. Karl and Gabriel would be accepted as citizens of the EU, without interfering with their nationality of Kazakhstan. They would have been permitted to reside, travel and earn their living in any of the 27 member countries of the Union. They would have been accorded the right to vote in the European municipality and parliamentary elections. As citizens of the EU, they would be protected by the diplomatic and consulate authorities of England as well as any other EU country. In case of any dispute, Karl and Gabriel could have approached the European Ombudsman seeking justice. These citizenship rights have been described in the Treaty on the Functioning of the European Union. In addition to this, Karl and Gabriel Kasparov would have been allowed to communicate with any EU institution in any of the official languages of the Union. They would have gained equal access to employment opportunities in the various Civil Services of the EU. Organizations in the EU would not be able to discriminate against them on the basis of their Kazakhstan nationality. In the event of any such unfair treatment, they would always have the provision of appealing to the European Justice Commission. In addition to these fundamental rights, the Lisbon Treaty empowered one million EU citizens to select any area of their interest and propose a related initiative to the European Commission. Following this treaty, Karl and Gabriel would be entitled to an innovative form of public participation along with the other European citizens. They would have ...Download file to see next pagesRead More
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