Rights and Obligations of Citizens of the European Union - Assignment Example

RIGHTS AND OBLIGATIONS OF CITIZENS OF THE EUROPEAN UNION Freedom of Movement for Citizens and Workers within European Union Members of the European Union include Portugal, Denmark and Italy. Any citizen of a member state can enter into and reside in any other member state, with the rights, privileges and obligations which are conferred upon the citizens of that particular state. There are provisions relating to the rights of the citizens of the EC to get loans for studying, rights of a student to claim child care allowance for the period of study etc in all member countries. Apart from laws enacted by the European Community, laws applicable in a particular member state will apply to all its residents including citizens of other member states. Such citizens have a right to move the courts of law against any authority if there is breach of duty under the EU laws. Maria’s claim for Grant and child Care Allowance Maria is a Portuguese national who has worked in a number of jobs for the last 4 years in the United Kingdom. Based on the facts narrated, there are three issues to be discussed. (1) Whether Maria is entitled to grant to assist her with her living expenses as a worker in the United Kingdom? (2) If yes, is she entitled to the benefits when she is voluntarily jobless? (3)In the circumstances, whether her minor children can be supported with child-care assistance available to full time students? Firstly, as a Portuguese national and hence a citizen of the European Union, Maria is entitled to get all benefits as available to the workers of the United Kingdom. Because she has worked in the United Kingdom for a period of four years, she falls within the definition of worker. At present she is not working. But the law has now evolved to mean that she can be still be interpreted to be a worker, and granted all consequent benefits. Various EU treaties prohibit discrimination on the grounds of nationality. Originally prohibition applied only to employees who were mentioned in the treaties. However, later on, the European Court of Justice has expanded the scope of the ban on discrimination. However, in view of the case law, Maria will be entitled to the benefit of funding of her education by way of grant. She will also be given child-care allowance. In 007, the European Community adopted Action Plan for Adult Education in which an objective is To increase the integration of migrants in society and labour markets. Adult learning can help migrants to secure validation and recognition for their qualifications. Maria’s case can be considered in this context also. As an intending full time student, she has right to seek grant for assistance and child-care. Whether Lena deserves to be deported? Lena is a Danish student studying at a University in the United Kingdom. There is a campaign by a national newspaper in which was accused that the government is harbouring ‘dangerous foreign activists’. The authorities discover that Lena was convicted twice for violent demonstrations in Denmark. They have decided to deport her. The issue is whether the authorities are justified in deporting Lena despite the fact that she has not committed any offence in the United Kingdom. The UK Borders Act 2007 has now made it mandatory that foreign nationals falling in the following categories be automatically deported. (1) Where the foreign national is sentenced with imprisonment of more than 12 months. (2) Where the foreign national is convicted of an offence which is specified to be a serious offence by the Secretary of State as per the provisions of S 72(4) (a) of the Nationality, Immigration and Asylum Act, 2002. However, deportation in such circumstances is ordered so as to deter others from committing offences within UK. Also personal conduct is looked into while determining deportation. It is clear that Lena has not committed a serious crime in any manner to be dangerous to the society at large. She was part of a mob which amounted to unlawful assembly and violent demonstrations for a cause. She is thus not liable for deportation. In case the authorities order her deportation, she has a right of appeal and can continue staying in the UK till her appeal is decided finally. Fredric’s Case Fredric is an Italian national who has applied as a security guard to the British Museum in London. His application is rejected on the grounds that employees in public service should be British nationals and must have knowledge of British history and culture. Article 48 (1) to (3) of the EEC Treaty provide that there shall be no discrimination on the grounds of nationality with exception in Article 48(4). The issues in this case are: (1) Whether the rejection of Fredric’s application amounts to violation of Art 48 of the EEC Treaty and (2) Whether the job as a security guard falls within the exception of Article 48(4) of the EEC Treaty. In Commission v Belgium, it was held that denial of jobs in public service on the grounds that public security may be jeopardised because of nationality of applicant is not acceptable. In Lawrie-Blum, the ECJ observed “employment in the public service" …… must be understood as meaning those posts which involve direct or indirect participation in the exercise of powers conferred by public law and in the discharge of functions whose purpose is to safeguard the general interests of the state or of other public authorities and which therefore require a special relationship of allegiance to the state on the part of persons occupying them and reciprocity of rights and duties which form the foundation of the bond of nationality.” In Annegret Bleis the ECJ observed. “All that is required for the application of article 48 is that the activity should be in the nature of work performed for remuneration, irrespective of the sphere in which it is carried out.” Fredric has a right to move courts of law against this discrimination. BIBLIOGRAPHY Legislation European Economic Community Treaty The Immigration Act, 1971 The Immigration and Asylum Act, 1999 The UK Borders Act, Nationality, Immigration and Asylum Act, 2002 Case Law Casagrande European Court Reports 1974 Page 00773 Judgment available on the Internet  http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61974J0009 accessed on March 15th, 2010 Commission v Belgium European Court reports 1982 Page 01845 Judgment available on the Internet  http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&numdoc=61979J0149(01)&lg=en Accessed on March 15th, 2010 Lawrie-Blum (European Court reports 1986 Page 02121) Judgment available on the internet http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=685J0066 accessed on March 15th, 2010 Annegret Bleis v Ministère de lEducation Nationale. European Court reports 1991 Page I-05627 Judgement available on the Internet http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&numdoc=61991J0004&lg=en Accessed on March 15th, 2010. Other Sources http://eur-lex.europa.eu/en/treaties/index.htm Accessed on March 15th, 2010. http://europa.eu/about-eu/27-member-countries/index_en.htm http://ec.europa.eu/education/lifelong-learning-policy/doc58_en.htm Accessed on March 15th, 2010. Read More