European Union Immigration and Import Law - Case Study Example

 EU Law Case Studies The following is the advice for Klaus, Astrid, Heinrich, and Sophie with regards to their status as German nationals living in Spain within the boundaries of EU law relating to the free movement of persons as stated in Article 39EC.1 Klaus, as a car mechanic, when he first came to Spain, only managed to find temporary work for three months at a garage selling petrol. This is legal as EU citizens have the freedom to travel from any state in the EU to work in another, whether permanently or temporarily.2 According to the statute on the freedom of movement of persons, workers like Klaus have the right to receive the same social benefits3 as embers of the same state, which would include the social security benefits that were stopped after three months. Astrid, Klaus’s wife, had every right to apply for a job as an estate agent. The fact that Astrid was discriminated against because she did not pass a Spanish language test in Spain—although she had completed and passed a similar test in Germany—is illegal because member EU states must treat other EU member citizens equally.4 The fact that Klaus did not receive the same company pension entitlement as Spanish nationals who also worked as his company is a blatant form of discrimination against Klaus as a German national living in Spain, again because EU members are supposed to receive the same social benefits of domestic members.5 Another social benefit6 Klaus should have received based on the fact that he is an EU members was his five extra holidays, just as his Spanish national counterparts.7 Similarly, in Astrid’s case, she was discriminated against by not being able to receive the same social advantage8 of receiving free banking as her Spanish national counterparts who worked at the bank as well. Sophie was discriminated against on the basis of nationality9 due to the fact that, at college, only students in her course who had lived in Spain for at least ten years could claim a special financial payment to cover the enrollment fee. This is because Sophie had only been in Spain for a few months. Still, however, this was a discriminatory practice. Additionally, since Heinrich wanted to apply for a student maintenance grant but was told that it was only available to Spanish nationals, this is another form of discrimination based on nationality.10 Klaus and Heinrich, respectively—had prior convictions in Germany for handling stolen motor vehicles and dealing illegal drugs—can argue that they were trying to start a new life in Spain but were discriminated against in their pursuits of operating legally in the country of Spain. Klaus could not receive social security benefits or the same company pension as the other workers at his job who were Spanish nationals. Heinrich needed a grant to go to school. Based on these exclusion from receiving the proper compensation and remuneration, which is a legal right of EU member citizens,11 it could be argued in court that Klaus reverted to an illegal venture in order to make ends meet. Similarly, the same argument could be made of Astrid—that she was forced into a bank job by virtue of discrimination12 as a German national and was forced to resort to illegal methods to help ensure her family’s well-being in Spain. Freedom of establishment13 in another member EU country is a right guaranteed to individuals who are EU citizens. In court, it could be argued that Klaus and Astrid were denied this basic right.14 Regarding Heinrich, it could be argued in court that—because he was not allowed to get a grant based on discrimination due to him being a German national15 while residing in Spain—Heinrich turned to dealing illegal drugs as an activity to pay for his schooling, which would not have been an issue had he not been discriminated against.16 With regard to Sophie, the political group which she had joined was under surveillance by authorities in Spain, however she was not committing an illegal act by being part of the said group. Seeing as how she was also discriminated against for being a German national—not being able to have her enrollment fee covered because she was not a Spaniard—it is unconscionable that the authorities could deport her back to Germany. The fact that the authorities want to deport the entire family back to Germany—after the entire family has been discriminated against on the basis of their German nationality17 while living in Spain—is suspect. Under EU law relating to the free movement of persons,18 Klaus’s family had every right to relocate to Spain coming from Germany in order to establish themselves in their new country since they are all EU citizens.19 Carlos, the producer of Spanish wine, is protected under Articles 25 and 90 of the EU law relating to the free movement of goods. Since Carlos’s Spanish orange and lemon orchards were infected with the smooth worm pest, the EU was legally within its rights to issue a Notice requiring the health inspection for all imports of Spanish oranges and lemons.20 When attempting to import some oranges into France, Carlos was required to pay for a health inspection. This is a perfectly reasonable, as well as legal, request for France to make. According to Article 30, public health21 is a priority and restrictions can be imposed regarding the imports of countries that pose legitimate risks to the public’s health. Therefore the French had a legitimate reason to insist that Spanish oranges and lemons posed a health risk. The fact that Carlos had to pay a handling fee for unloading and checking the importation of goods into the UK. Article 25 TC does not allow member states to charge any duties on goods that come across borders, whether produced in the EU or not. Additionally, the fact that the UK appointed a company, Fruits Ltd., to facilitate this taxation of Carlos’s imports, is an illegal activity. This is supported by the Single European Act22 which states that there can be no organization at the borders of EU countries, which are regulated at the grounds of the trader, not at the borders of a country. Carlos produces two types of wine: Blanca, a higher-alcohol variety; and Rossa, a standard table wine. The fact that Carlos’s wine Blanca was subject to twice the level of tax levied on French wines of nearly the same strength—when he tried to import Blanca into France—is illegal on France’s part. Member states of the EU are not allowed to impose fines or taxation upon any products which are imports that are similar to domestic products, according to Article 90 of the EC Treaty. 23 Carlos was then told that French wines have a lower level of tax in order to help small wine producers in France to stay in business. This is a discriminatory practice. No internal taxation24 is allowed to be levied on imported products in order to help shield domestic products from further competition on the market. Carlos then imported Blanca and Ross into the United Kingdom. This is perfectly legal, as long as all the health inspections necessary were passed with flying colors should there have been inspections.25 However, the fact that UK authorities imposed a much higher tax on Rossa than beers of around the same strength—most of which were produced in the UK. This is an illegal practice, according to Case 18/87 of Commission v. Germany.26 Blanca was subject to the same tax as on certain types of spirits sold in the U.K. This is admittedly also an illegal practice consistent with the kind of discrimination against the table wine Rossa. Also, there was another discriminatory practice in place with regard to the tax imposed upon Blanca for being imported into the UK. No dues should be levied on products which are similar to the UK’s domestic products.27 With regard to the third inquiry, Article 3(g) of the EC Treaty requires “a system ensuring that competition in the common market is not distorted.”28 In order to ensure fair trade within the EU, there needs to be a free movement of goods, which will ensure a standard that competitiveness is fostered amongst EU member countries for the good of the entire European Union. Competition within the European Union should be encouraged. The law should be followed with regard to prohibiting taxation on goods that are imported by an EU country either coming from another EU country member or a country which is outside the EU,29 as stated in Article 90 of the EC Treaty. Article 80 states, “The imposition by a Member State, in respect of transport operations carried out within the Community, of rates and conditions involving [imports] or industries shall be prohibited as from the beginning of the second stage, unless authorised by the Commission.”30 Member countries of the EU are not allowed to levy unnecessary duties onto products being imported, whether or not these products are from within the EU or come from countries that are not within the EU. “Even before the momentous relaunch of the stalled Community project in the shape of the Single European Market in 1985…this prevailing theoretical perspective on regional integration [had begun to be modified]. A…new approach…[in] the 1980s, on the basis of the generic interdependence model…[had] assimilated… broad assumptions about…the international process…”31 This interdependence created by the Single European Market has profligated a competitive edge in the EU. In fact, policies implemented in order to foster the European market focused on making internal competition as well as international competition more fluid: “The completion of the internal market may…require the strengthening of European competition policy in order to ensure a lowering of domestic prices…[However,] lowering trade barriers against [international] imports…could be as powerful a tool for promoting competition in the EC, or at least play an essential complementary role.”32 One of the important factors about trade within the EU is that the sole responsibility lies not only on the EU Member States, but also with consensus of the entire European Union. “It is in respect of…[certain] components that the EC differs from classical intergovernmental organizations, where normally initiative belongs to the member states, where decisions require unanimity…where decisions often remain recommendations because of weak surveillance and enforcement mechanisms…institutional capacity has been…important… in the history of European integration.”33 What is necessary for understanding European integration is an “economic analysis of integration with an understanding of the integration methods employed in the European Union.”34 One thing the European Union has striven to do is change its approach toward various industries, noting that “…from the very beginnings of European integration in the European Coal and Steal Community, the member governments have deliberately created and periodically modified a variety of control mechanisms to limit agency losses to the Commission; indeed, [institutions] were initially designed primarily as checks on the ECSC’s High Authority.”35 One of the major influences on the EU’s decision to become a unified market was the fact that the United States was doing so well with a single market. However, “Despite the Catch Phrase ‘The Single Market,’ there are still barriers for goods and services among member states. As all countries move towards the global market place, more and more economic sectors are shifting from the public to the private sector with [some regulations] … against the outside...”36 Companies in the private sector are less likely to have duties imposed on their products, whereas there might be more difficulties with companies that are public, therefore. Obviously it is beneficial to companies in the private sector if this is a trend that is being seen happening in the EU market. Here three case study questions have been discussed. In the first case, one sees how the free movement of persons affected a family of German nationality. In the second case, one sees how a wine and fruit importer was affected by discrimination with regards to taxes levied on his goods. Finally, it was examined how the competition can be stimulated in the EU by not distorting the market and keeping fair trade fair. REFERENCES Al-Agraa, Ali. The European Union: Economics and Policies. USA: Cambridge University Press, 2007. Alston, Philip, et al. The EU and Human Rights. USA: Oxford University Press, 2000. Barnard, Catherine, et al. The Law of the Single European Market. Hart Publishing, 2005. Basu, Subhajit. Global Perspectives on E-Commerce Tax Law. USA: Ashgate Publishing, 2007. Bell, Mark. Anti-Discrimination Law and the European Union. USA: Oxford University Press, 2002. Blogging About EU Law and Politics Blog. Discrimination on the Grounds of Nationality. Retrieved 24 Jun 2009. [Online Article.] http://bloggingabouteulawandpolitics.blogspot.com/2006/12/discrimination-on-grounds-of.html. Davies, Karen. Understanding EU Law. USA: Routledge, 2003. Davies, Gareth. European Union Internal Market Law. USA: Routledge Cavendish, 2003. Dell’Olio, Fiorella. 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