Desire to Reside in the European Union - Assignment Example

Scenario question – answers The four people in the proposed scenario have different problems, but three of them stem from one and the same situation – they are citizens of the European Union who want to live in an EU country, different from their country of origin. The fourth person – John – has a slightly different situation – he is not an EU citizen, but his legal partner is. We are going to take a look at each of the four situations separately. Keith Keith’s problem is the possibility of his deportation from France and the main question here is if the French authorities have the right to deport him. Deportation within the European Union is possible, but only under certain conditions. The host country can deport European citizens to their country of origin “after 90 days if they do not have a job, sickness insurance or the means to support themselves (and if they have no family member in the host country capable of supporting them)” or “if they present a threat to public order, public security or public health” (details can be viewed at the BBC website at ) If we take a look at the first hypothesis – “if they do not have a job, etc” – we will see that Keith does not fall into this category. He has a job, even though he is not paid in cash. Then looking at the second hypothesis – if they present a threat to public order, public security or public health” – we also see this is not the case. Keith does get into a fight, but this happens after the police decide to deport him. Moreover, a restaurant fight can hardly present a threat to public order, public security or public health and cannot be considered grounds for deportation. Most likely the police want Keith deported because of his past convictions whish is not a valid argument under EU law. Also, the “drug use and drunken behaviour” and the consequent convictions occurred in the past, so if there is no new crime of offence, these past events cannot be reason for deportation. In this aspect we can cite an example from the case law of the EU. In the case Carmelo Angelo Bonsignore v Oberstadtdirektor der Stadt Köln, C-67/74, 26 February 1975, the Court ruled that “Union law prohibits expulsion of a national of a Member State on general preventive grounds. Restrictive measures, such as expulsion, must be based on an actual threat and cannot be justified just by a general risk.” (details can be viewed at the European Commission website at ) However, his arrest, if its purpose is not deportation, can be justified in view of his involvement in the fight. The police may not have the right to deport him, but they do have the right to put a stop to accidents. This is an internal matter and EU law cannot intervene. Marianne Marianne’s problem has two aspects: one, she is asked to pay twice the fee for French nationals and two, she must provide a certificate of competency in French. As far as the first problem is concerned, Marianne’s rights have been violated. “Within the European single market, people, goods, services and money move around as freely as they do within one country.” (details can be viewed at the European Union website at ) This is one of the four basic freedoms of the single market of the European Union and it includes the right to move freely in search of educational possibilities. This freedom cannot be restricted in any way, as the European Commission points out in its guide for young people who wish to study in another European country: “As an EU citizen, you are entitled to study at university in any EU country under the same conditions as nationals: you cant be required to pay higher course fees; youre entitled to the same grants to cover course fees as nationals of the country.” (A guide to the rights of mobile students in the European Union, 2010) This is the so-called principle of non-discrimination which is set out in the Treaty on the European Union itself, in Article 12: “Within the scope of application of this Treaty, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.” Moreover, there are plenty of decisions of the European Court of Justice which further affirm that bigger educational fees cannot be imposed on European citizens from another EU country. As far as the second aspect is concerned, however, the college hasn’t broken EU laws. Educational institutions have every right to ask for a certificate or a test on the language. Again, as the Commission says in its guidelines for students, “Knowledge of the home country language may be required, so in some EU countries you may be asked to take a language test.” Also, in other similar documents certificates are mentioned, e.g. in A guide to the rights of mobile students in the European Union (A guide to the rights of mobile students in the European Union, 2010). Elton Elton’s wish to receive his pension income in France is justified under European law. Every citizen of the EU has the right to receive their pension regardless of their current country of residence (this is stated for example in Council Directive 98/49/EC of 29 June 1998). This means that if Elton has the right to receive certain pension income in Great Britain, he also has the right to receive it in France. John The question here is what rights Elton’s civil partner John has under EU law. On one hand, he is not an EU citizen (he is Australian), on the other hand he is a registered civil partner of an EU citizen. As the Commission states in its guide “Your Europe”, migrant workers and their families “are entitled to the same social advantages as native workers”. These advantages include “benefits granted to nationals of the country because they are employed, benefits granted to workers and their families because they reside in the country and benefits not directly connected to employment (the right to be accompanied by unmarried partners, railway fare-reduction schemes for large families, benefits for disabled adults, etc.)” (details can be viewed at the European Commission website at ) However, there are differences between Member States in the definition of family members. Marriage is, in general, accepted as a reason for rights such as the right of residence. This means that an EU citizen may reside in any EU country and bring his/her spouse to that country, too. This principle applies even if the spouse is a non-EU citizen. However, civil partnership (when two people live as a couple without marriage) is a little different because not all EU countries recognize it as an equivalent of marriage. Both the UK and France recognize civil partnership as equal to marriage, but here we have yet another specific – a same-sex partnership. In this respect EU law states the following: “In countries which do not allow same-sex marriages but which have introduced some form of registered partnership, a same-sex marriage abroad generally gives you the same rights as a registered partnership.” (details can be viewed at the European Commission website at ) France is such a country. Therefore, in France a same-sex marriage should be recognized as a civil partnership. Moreover, civil partnership in France is allowed not only for opposite-sex, but also for same-sex couples (details can be viewed at the Administration française website at ) The European Parliament has also repeatedly stated that “free movement and mutual recognition must be equally ensured across the European Union for same-sex couples in an existing marriage or civil partnership.” (details can be viewed at the European Parliament website at ) Therefore, John should have the right of a registered civil partner of an EU citizen. The best advice for him would be to ask the local wine producers association for an explanation on the rejection of his application and if the rejection is on the basis of his legal status, he may have the right to challenge it. References: Administration française, 2011, Direction de l’information légale et administrative, viewed 22 March 2011 BBC, 2011, BBC, viewed 22 March 2011 Communication department of the European Commission, 2011, EU institutions, viewed 22 March 2011 Council of the European Union, 1998, Council Directive 98/49/EC, Council of the European Union, viewed 22 March 2011, < http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1998:209:0046:0046:EN:PDF> European Commission, 2011, viewed 22 March 2011 European Commission, 2010, A guide to the rights of mobile students in the European Union, European Commission, viewed 22 March 2011 < http://ec.europa.eu/education/yom/wpguidance_en.pdf > European Commission, 2011, European Commission, viewed 23 March 2011 http://ec.europa.eu/youreurope/citizens/index_en.htm European Parliament, 2011, viewed 22 March 2011, European Union, 2006, Consolidated Versions of the Treaty on European Union and of the Treaty Establishing the European Community, European Union, viewed 22 March 2011< http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2006:321E:0001:0331:EN:PDF> Read More