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European Union Law - Essay Example

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European Union Law Introduction Nicolas, a Cypriot national has been denied of sustenance benefit by virtue a fictitious law enacted by the UK namely Relief of Poverty Act 2008 which says that foreign nationals are ineligible to receive social assistance. This is in clear violation of EC Treaty and Directive No 2004/38/EC…
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European Union Law
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Download file to see previous pages 1. Article 45 of the Treaty on the Functioning of the European Union (TEFU). 2. Regulation (EU) No. 492/2011 of 05.04.2011. 3. Regulation (EEC) No 1612/68 4. Council Regulations No 312/76 and 2434/92. 5. Article 38 (1) Directive No 2004/38/EC. 6. Directive 2004/38/EC of 29.04.2004 on the rights of citizens and their family members 7. Directive No 98/49/EC dt 29.06.1998 in regard to pension rights of workers and self-employed persons within the community.1 Article 45 of the TEFU along with secondary legislations and case law accord the fundamental rights for the EU citizens such as the right to seek job in another EU member state, right to get employed without a work permit, right to have residence therein for the purpose of employment and right to continue to stay in the member country after the employment has ceased and to be eligible for equal treatment with nationals of the member state in respect of employment rights, working conditions and other social and tax benefits. These rights may vary for self-employed, students and retired or economically non-active persons. The rights are subject to public security, public policy, health grounds and employment restrictions in the public sector.2 The wording of “workers” related to free movement in Directive 2004/38/ EC is somewhat misleading since the Directive is aimed at according right of free movement to “EU” citizens in general though the directive makes a distinction between economically active and non-active citizens. Thus, Directive 2004/38/ EC is applicable to all EU citizens who move to another member state (host state) other than their home state of which they are nationals. Thus, the union citizens can reside in a home state for three months without any formalities other than holding of a passport or an identity card subject to a more favourable treatment available to job-seekers as per the case law of the European Court of Justice 3 viz Levin v Staatssecretaris van Justitie 4 and Brian Francis Collins vs Secretary of State for Work and Pensions 5 However, the terminology of “worker” is ideally continued in view of special regulations related to work under the directive besides the advantages available to citizens who have worked or have been self-employed along with their family members in acquiring permanent residence even before the completion of five years of residence in the host state by virtue of Commission Regulation (EEC) No.125/170 of 29.06.1970 which confers right to workers to remain in the territory of a Member State pursuant to having been employed in that State and Council Directive 75/34/EEC of 17.12. 1974 conferring rights to citizens in a member state in the capacity of self-employed people. Thus, a worker entitled to free movement within the Union should be a national of one of the EU member states or that of Norway, Iceland and Lichtenstein enjoying certain privileges. The European Court of Justice has given a wide interpretation of the term “worker” to include part-time work6, trainees 7and remuneration in kind adding that the person should be carrying out an effective and genuine work as directed by another, to be considered as a worker. Besides, the concept of freedom of movement should not be interpreted in a restrictive manner.8 Further, the ECJ has held that the job-seeking citizens should not be expelled if they show evidence of search of employment and chances of getting jobs. There ...Download file to see next pagesRead More
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