Changing Places: EU Law - Case Study Example

Changing Places Q: What is Justinas status under EC law? Would this en her to work at Marsh Down School? Justina Kaczynski is a Polish woman skilled in teaching and technology, and has been appointed based on the provision made under E C Law which states that there should be no discrimination and provision of equal opportunity regardless of gender discrimination, as a Biology teacher in Marsh Down School in London. She is efficient and skilful, and achieves a trustworthy reputation in the school and works closely with Frank Calderwood, a pioneer to make a school a promising school with the introduction of an environmental project which involves teaching, environment awareness and entertainment backed by religious exposure to make Marsh Down rise in status and position by effective management , strong public relations, fund raising and bigger vision to develop a “Eden Farm Week” as the pioneer effort to give school the impetus needed. Justina is a new teacher who gets very involved in the school projects and fundraising, and thus wins Franks trust and access to sensitive information related to finances which account for 250,000 pounds for the period of fund raising. She misuses the information to transfer funds to Poland and leaves the country to go back to Poland without informing the concerned people. She embezzles the money, to a new bank account in Poland. Taking into account the position of Justina as an employee in the school where she commands a sound reputation and responsible position, is an issue which would directly come under the Pillar one of the EU law. EC law refers to pillar one of the treaties which concern the social and the economic foundations of single market. Under the law she has been guaranteed four freedoms. The core of the European Union economic and social policy is summed up under the idea of the four freedoms - free movement of goods, workers, capital and the freedom of establishment to provide services. Under the first title of the Treaty of the European Communities one finds the provisions dealing with the free movement of goods. In the years between the two world wars, and leading into the Great Depression, governments around the world had employed vigorous policies of national protectionism. The erection of tariffs and customs duties on imports and sometimes the export of goods was widely seen as contributing to a fall in trade and hence the stalling of economic growth and development. The abolition of all such barriers is the function of the treaty provisions. According to Article 28 EC,28. Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States. Article 29 EC states the same for exports. The first thing to note is that the prohibition is simply between member states of the European Community. The controversial Common Agricultural Policy is regulated under Title II EC, Article 34(1) authorising "compulsory coordination of national market organisations" with common European organisation. The second thing to note is that Article 31 sets out the exceptions to the prohibition on free movement of goods.31. The provisions of Articles 28 and 29 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. The governments of member states may still justify certain trade barriers when public morality, policy, security, health, culture or industrial and commercial property might be threatened by complete abolition. The Social chapter in the European Union refers to parts of the treaty which deal with the equal treatment of men and women under Article 141 EC and the regulation of working time under the Working Time Directive. One recent piece of anti-discrimination legislation is Directive 2006/54/EC "on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation".(Wikipedia) In Justina’s case all aspects pf pillar one is very operative, with special emphasis on the Article 28 still justify certain trade barriers when public morality, policy, security, health, culture or industrial and commercial property might be threatened by complete abolition. . The provisions of Articles 28 and 29 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Justina has transferred funds of the school to her account, which is an offence on the grounds of public morality, public policy or public security. It is also an offence against protection of the national treasure ie is the school fund for growth and development of the school. She has infringed upon all her four freedoms guaranteed by the EC Law as she has moved goods in the form of her car, capital through bank, moved workers and misused her freedom. She needs to be restricted and penalized for her behaviour and conduct. Initially under the EC Law she did work for Marsh Down School, but after investigating into the details of the story she does not possess a very trustworthy character which would ensure children safety and trust, as such after her embezzlement of the funds she will not be entitled to work at Marsh Down School. The school is very strict about the character of its teachers and there has been two cases of William and Frank , where school has taken action to dismiss them for their conduct and irresponsible behaviour. In both the cases the employees were innocent. But in case of Justina, it ha been a premeditated plan to transfer school funds for her personal use, without the knowledge of the key people concerned and in which Frank has been dismissed and forced to resign, After such a character assault, Justin will not be able to regain her position In Marsh Down School. She has misused all her four freedoms guaranteed under E C Law and will suffer consequences for her fraudulent action. “The headmaster could take no chances as the safety of children is all important.” In this light Justina could never get employment at Marsh Down School. She would not be entitled to work in the school on the grounds of public morality and public policy safeguarding the interests of the school. Work Cited "Useful Links : EC Law and Treaties." 2007. 25 Oct 2007 . (Useful Links) "European case law." 2007. 25 Oct 2007 . (European) Sengayen, Magdalena . "Consumer Sales Law in Poland: Changing the Law, Changing Attitudes." Journal of Consumer Policy Vol.25 No.3-4(2002): 403-437. (Sengayen 403-437) Wikipedia, "Law of the European Union." 2007. Wikipedia. 25 Oct 2007 . (Wikipedia) Read More