Migration, Work, and Citizenship in the European Union - Essay Example

Several treaty amendments were adopted, which extended this right to the citizens of the EU. These rights include the right of residence and to remain, as long as this does not prove to be a financial burden for the host Member State. As a result, Member States can limit the free movement of workers, due to public policy limitations. Some of these limitations are grounds of public health and public security. All the same, procedural requirements have to be complied with, during the imposition of such restrictions.

• Marie’s Issue

In the Bidar case,  the European Court of Justice (ECJ) ruled that Bidar who had been resident in the UK, during the pursuit of his secondary education had established an adequate relationship with the society of the host Member State. This relationship was held to be sufficient for rendering Bidar eligible for a maintenance grant from the UK.  

Similarly, in our problem, Marie had completed two years of her International Baccalaureate and had thereafter applied for the LLB. Marie will be eligible for a maintenance grant from the UK. This is due to the fact that she had been residing in the UK for sufficient time, during her pursuit of the International Baccalaureate studies, to establish a sufficient link with the UK.

• Raimon’s Issue

As a national of the EU, an individual is entitled to seek employment in another Member State of the EU. In addition, such individuals are entitled to the same assistance from national employment offices as the host Member State’s nationals. Moreover, such individuals can stay in the host Member State for the time required to seek work, apply for employment, and be recruited. No seekers of jobs can be expelled if they establish that they are continuing to seek employment and have a reasonable opportunity to obtain a job.    

In our problem, Raimon is seeking a job in the UK. The EU principle of free movement of workers permits any national Member State of the EU to seek employment in any other Member State of the EU. Thus, Raimon, despite being a Spaniard can seek employment in the UK. In addition, he is free to reside in the UK till such time as he genuinely seeks a job. Moreover, Raimon is eligible to receive a job – seekers allowance, just like any UK citizen searching for a job.

• John’s Issue

In DeCuyper, the ECJ held that certain restrictions were applicable to the right of individuals to reside within the territory of a Member State of the EU. In this context, it stated that Article 18 of the EC Treaty (Article 21 of the TEU) conferred a right on every citizen of the EU, which involved certain limitations.   

A full award or stipend and fees are provided to students who fulfill the following conditions. First, the student should have settled status in the UK, or in other words, there should be no restrictions regarding the length of stay in the UK. Second, such students should have been ordinarily resident for 3 years in the UK, before the commencement of the grant.   
In our case, John a UK national had applied for a grant in the UK. To be sanctioned a grant in the UK; he should have been residing for at least 3 years before the starting of the grant. However, John had not complied with this requirement. Hence, his application was turned down. As per the decision in DeCuyper, John cannot claim a grant from the UK.

• Alfredo’s Issue

In Grzelczyk the ECJ held that long-term resident Community nationals would be eligible to receive a maintenance grant, provided they had been resident for educational purposes.    The fact that Grzelczyk had undertaken teaching jobs of irregular duration has no bearing on the definition of worker.

In our case, Alfredo had been working for 10 hours a week. As per the case law discussed above, he constitutes a worker. Consequently, his entitlement to obtain a grant for further education cannot be denied. Hence, Alfredo is eminently qualified for an education grant from the national government.

• Anna’s Issue

Regulation 1612/68, under Article 3(1) enables public bodies to impose certain conditions regarding linguistic knowledge. These conditions are essential with regard to the post to which employment is being sought by an applicant. For instance, in the Groener case, the Irish Government was successful in imposing such a condition.  

This case related to a Dutch female who did not possess the necessary skills in Gaelic, which were essential for that particular job. This female was not provided with a permanent post, due to her deficiency in Gaelic. In this case, the language requirement was essential for performing the job. As such, the Irish Government had a strong policy in place that was seized with the promotion of the Irish language and culture, as a matter of national identity.    

Similarly in our case, Anna a Greek national has to fulfill the language requirements stipulated by Scotland, in order to comply with her job requirements as a PE teacher. In accordance with the case discussed above, she has to satisfy the language requirements as a matter of public policy promoted by the Scottish Government.