Free

EU Internal Market Law - Essay Example

Comments (0) Cite this document
Summary
The fact that the two women are travelling with Italian identity card serves to make the situation worse for Mr. Benevento. The EU Internal market protocol asserts that the national identity cards issued by the members of the European Economic Area are acceptable as travel and entry documents in any nation of the EU…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.9% of users find it useful
EU Internal Market Law
Read TextPreview

Extract of sample "EU Internal Market Law"

  EU Internal Market Law MUTULA AND CO ADVOCATES #789 Zobel Roxas St. Makati Telephone No. 3727648 hatoldeleonlawoffices@yahoo.com February 23, 2011 Salvatore Benevonte #1563 Lubanga Avenue Long Island, New York Dear Mr. Salvatore, Thank you for your letter on February 20, 2011, in which you requested legal advice immigration issues. Below is my legal opinion answering your questions. A. Could the immigration officer deny Mr. Benevento leave to enter the UK? Explain. On which grounds? Does it make a difference, if the immigration officer suspects that Mr. Benevento is involved in human trafficking with regard to the two women? The immigration officer could deny Mr Benevento leave to enter the UK due to the different system policy of immigration which the UK applies. The European Union Internal market is aimed at guaranteeing the free movement of services, capital goods and persons across the borders of the 27 EU states. The EU Internal Market protocol on movement of people is governed by the Schengen Area protocol which allows people from all member states of the EU to move freely across borders without physical restrictions1. While the EU internal market protocol enables workers to freely travel, reside and work in member states, this is not allowed in the abovementioned countries which still maintain physical restrictions. Suspicion that Mr. Benevento is involved in human trafficking through association with the two women he is believed to be travelling with makes his case even dire. The United Kingdom has not agreed with the EU internal market protocols with regard to free movement of people due to issues of trafficking and illegal immigration2. If he is suspected of trafficking the women into the UK, the immigration officer has every right to deny him entry into the UK. B. It appears that the two women are traveling with Italian identity cards. Italian identity cards are made of paper only and therefore rather easy to forge (see photo). The two women are detained for checking the authenticity of their travel documents and verifying their nationality. The immigration authorities question Mr. Benevento and 10 other male passenger from the same flight on suspicion that they may be involved in human trafficking. Is this in line with EU law? The fact that the two women are travelling with Italian identity card serves to make the situation worse for Mr. Benevento. The EU Internal market protocol asserts that the national identity cards issued by the members of the European Economic Area are acceptable as travel and entry documents in any nation of the EU3. The detention of the two women and the questioning of Mr. Benevento and ten other passengers in the flight is not in line with EU law which guarantees persons entry into all EEA nations if they have a passport or national identity card. On the other hand, since the UK is dealing with a high number of illegal immigrations it is not party to the EU Internal market protocol on movement of persons and hence it has the right to detain persons and confirm their identity. EU law allows immigration officials to detain persons having suspect documents before validation from the country that issued them. As such the immigration official has every right to check the Italian documents held by Benevento and since he is suspected of being in the company of the women suspected of being trafficked it is not unlawful that he is detained and questioned. The detention and questioning is in line with the physical restrictions of the UK which has not ratified the internal market protocol on movement of persons. C. Mr. Benevento is given leave to enter the UK. Two months later, he finds out he is HIV positive. Will this fact affect his residence rights? Mr. Benevento’s residency status will be affected by his medical condition depending on a number of factors. The EU Internal Market Protocol allows free travel, work and residence of nationals of EU member states regardless of medical status. However the residency status of Benevento will be affected if he has stayed in the UK less than three months and his medical status makes him unable to work. Since he cannot claim retirement, since he has not attained the mandatory three month period, his residency will be repudiated4. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“EU Internal Market Law Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
EU Internal Market Law Essay Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/law/1471177-eu-internal-market-law
(EU Internal Market Law Essay Example | Topics and Well Written Essays - 500 Words)
EU Internal Market Law Essay Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/law/1471177-eu-internal-market-law.
“EU Internal Market Law Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/law/1471177-eu-internal-market-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF EU Internal Market Law

EU law

...?EU law Introduction Article 189 of Treaty of Rome provides for a directive of the European Union to be binding on Member s with flexibility have their legal text of their transposition according to their national peculiarities. In other words it can be so worded so as to be compatible with their national legislation. The aim of a directive is achieve the substance rather than the form. Thus, Member States are free to achieve the end-result required by a directive in suitably incorporating in their national laws.1 Case discussion with relevant legal principles Although the employer has allowed rest period 10 minutes as permitted in Estate Facilitators Act 1965 as against 15 minutes...
7 Pages(1750 words)Essay

EU Law

...prohibiting fur farming and restricting the entry of fur products in its territory is indeed a hindrance to competition. It is clear that its intention is to impede, prevent or reduce patronage of products source from other Member States which is contrary to the EU’s objective of a single and integrated market. This would promote locally produce products giving it undue economic advantage. Thus, the act of Sagoland falls within the prohibition of Article 34 TFEU. II. Measures of another Member State to protect the health and life of the animals found in the other Member State cannot be justified under Article 36 TFEU. National law of Sagoland intended to protect the life and health of...
20 Pages(5000 words)Essay

EU law

...) DTI (2005) The General Product Safety Regulations 2005 [online] available at < < www.bis.gov.uk/files/file22713.pdf>[accessed 11 February 2012] EFC (2011) EU at a Glance [online] available at < http://www.efc.be/EUAdvocacy/Pages/EUat_a_glance.aspx> [accessed 11 February 2012] Joan P& Kapteyn G, The Law of the European Union and the European Communities. (Kluwer Law International 2008) Lejeune I & Denberghe W V, The Enlargement of the European Union: Opportunities for Business and Trade (John Wiley & Sons 2005) Medhurst D. A Brief and Practical Guide to EU Law (Wiley –Blackwell 2001) Moser P & Sawyer K, Making Community...
11 Pages(2750 words)Assignment

EU law

..., Nergelius, J & Cardner, C, 2007, General Principles Of EC Law In A Process Of Development: Reports From A Conference In Stockholm, 23-24 March 2007, Organized By The Swedish Network For European Legal Studies, Kluwer Law International, Brussels. Berry, E & Hargreaves, S, 2009, European Union Law, Oxford university press, oxford. Chalmers, D, Davies, G & Monti, G, 2010, European Union Law: Cases And Materials, Cambridge University Press, Cambridge. Craig, P & de Burca, G, 2007, EU Law: Text, Cases, Materials, oxford university press, oxford. Hartley, T, 2007, The Foundations Of European Community Law,...
3 Pages(750 words)Essay

EU LAW

...at the national level. The member states are responsible for effecting the community law, the very first thing that they should be in a position to do in case they are affected by a breach of European community law, is just to pursue the issue with the relevant national authorities and explore all available ways to address the matter through internal procedures. The managerial enforcement of the EU law is achieved through the national administrative ways. 8 The national courts within each of the European Union countries sees to it that the law is appropriately applied in those states. This is brought into place because there is a risk...
10 Pages(2500 words)Essay

EU Law

...?EU Law: Katisa and Elijah The main issues for Katisa and Elijah are the free movement of goods, services and people within the single market of the EU and EU law relating to the direct effect of the Directive. Katisa’s issues falls more broadly within the EU’s general prohibition against quantitative restrictions in support of a single market.1 As Kennedy argues, the free movement of goods is “one of the principle features of the EU.”2 The law relating to quantitative restrictions is contained in Articles 34-36 of the Treaty on the Functioning of the European Union...
3 Pages(750 words)Coursework

EU Law

...other commercial organisation importing clementines. The applicant could not show that it was specifically discriminated against. However, in Cordorniu although the Court of Justice held that the Regulation was generally applicable the applicant was successful as it was able to show an infringement of its trade mark rights which the Regulation would have overridden. Therefore it is submitted that in view of the fact that the Regulation is generalised in its application and that neither party can show direct discrimination, their application(s) must fail. Bibliography Craig, P and De Burca G, (2002), EU Law, Text, Cases and Materials, OUP Charles and Dilshad: Case-C188/89 A Foster and Others v...
10 Pages(2500 words)Essay

Eu law

...this case before the ECJ based on the existence of the Council Directive 80/77/EEC of 15 July 1980 ‘on the approximation of the Laws of the Member States relating to the exploitation and marketing of natural mineral waters’ and particularly to the provision included in this Directive that ‘the member states are to take the measures necessary to ensure that only waters extracted from the ground of a member state and recognized by the responsible authority of that member state as natural mineral waters satisfying the provisions of the particular Directive’ (par. 3 of the case). Question 4 In the particular case the following parties intervened in order to submit their observations: The Netherlands...
6 Pages(1500 words)Essay

EU law

...EUROPEAN UNION LAWS Question Under the European Union (EU) laws, a directive is an instrument, directing its Member Countries to perform wholly, the instructions mentioned in the said Directive and this shall be binding and mandatory on such Member States. Directives issued by EU need to be enforced by Member countries; there are seemingly no escapes, however, its modalities and modus operandi are subject matters to be decided by its National Courts and law makers. Norms of enforcement: However, what is important is that directives cannot be ignored, brushed aside or partially enforced by Member States, nor any compromises made on its practical...
9 Pages(2250 words)Essay

INTERNAL MARKET LAW

...Weiler (eds) Integration Through Law, Vol 1 Methods, Tools and Institutions (Berlin/New York, Walter de Gruyter, 1986) at 321. Cf A El-Agran (ed), International Economic Integration ((London, Macmillan, 1982), and M Jovanovic, International Economic Integration (London / New York, Routledge, 1998 Tillotson, J 2000, European Union Law: Text, Cases and Materials, 3rd ed, Cavendish Publishing, London. Tillotson, J & Foster, NG 2003, Text, Cases and Materials on European Union Law, 4th edn, Cavendish Publishing Limited, London. Weatherill, S 2004, Why Harmonise? In: Tridimas, T. & Nebbia, P. European Union Law for the...
10 Pages(2500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic EU Internal Market Law for FREE!

Contact Us