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Residency Rights in the United Kingdom under European Union Law - Essay Example

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Residency Rights in the United Kingdom under European Union Law Name Institution Law Tutor Date Introduction The European court of Justice has always been given the mandate of constructing free movement provisions. However, in the recent past, the scope of free movement of persons has been broadened in an attempt to adopt a non-discriminatory assessment of member state workers…
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Residency Rights in the United Kingdom under European Union Law
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Download file to see previous pages The courts should refrain from involving with Community law as long as there is no encroachment of the Community rights of the foreigner, See2. Double burden theory illustrates that there should be set rules that govern the free movement of persons. This theory asserts that regulation should only occur once and no double burden limiting the free movement of persons should be imposed, See3. In this case, Nero is a French man married to Manisha, lives in the UK, graduated in 2006 as a French Pharmacist and though having applied for 10 work positions in the UK has not gotten any interview. Orphelia is Manisha’s great grandmother in the Philippines and desires to come to live in the UK with Manisha but there is fears UK border controls.4 Community Law asserts that the free movement of individuals is one of its fundamental freedoms. This is an essential element of European citizenship and has been described as the most important right for individuals under the Community Law. With reference to worker, this freedom of movement has existed since 1957 when the European Community was founded and is documented down.5 This encompasses the right to seek employment in EU member State and also the right to work in the different member state. Moreover, the article provides the right to reside and remain in a member State on the prospect of looking for employment or actually working in the country. In conjunction, the article provides that equal treatment with reference to working conditions and employment should be provided to the worker in an attempt to make their integration into the Host State successful. This stipulation has been interpreted and generated into the European Court of Justice which embedded the worker concept. This illustrates that Nero being from French which is a member of the EU qualifies as a worker and should thus be bequeathed the rights stipulated in this article as pertains to the free movement of persons.6 The legal foundation of the right to free movement is anchored in the European Union Treaty that creates a market which is internal and lacking barriers as pertains to the free movement of people.7 This is especially with particular reference to the endorsement of the right that every EU citizen has to move freely within the EU territory. However, despite this provision of free movement, it has encountered resistance and there are still aspects challenging the intra-European mobility that are still being perceived in the EU countries. With reference to this treaty, the only free provision of workers that is provided is with reference to workers in the steel and coal industry and not the general workforce.8 With reference to the case presented, Nero has acquired free movement provision since he resides in UK with his wife Manisha yet he is French. However, with reference to his profession (Pharmacist) it is not included in the provision of free movement of workforce and hence explaining the current challenges Nero is facing is search of employment. With reference to Article 18 described above, the advice to Nero is that though there is no restriction of free movement for him, there no provision yet as pertains to his profession since it is not included under coal and steel hence explaining the difficulties in getting an interview of 10 applications he has made.9 In particular 10 Article 18 provides prohibition of any discrimination as ...Download file to see next pagesRead More
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