European Union Law - Report Example

European Union Law Table of Contents Introduction 3 Discussion 3 European Union Law: Free Movement of Individuals 4 Advice to Andrzej, Isabela, Katarzyna and Marek 5 Conclusion 7 References 8 Introduction In the present day scenario, people travel from one place to another in search of food, shelter, work, education and a better life for themselves. This aspect is highly prevalent among the nations of the EU who has less legal and social boundaries within themselves (Woods & Watson, 2014). However, as per the provided case a family from Poland were dealing with problems of discrimination within various domains of the UK society owing to the aspect that they are not permanent citizens of the UK. Contextually, the article 45 of the free movement law of the EU would be vital to consider to further advice the Polish family with regard to their legal positioning within the scenarios. Discussion From the provided case overview, it is quite evident that being Polish nationals, Andrzej and each and every members of his family were dealing with problems in various domain of the UK especially in the job and education sector among others (Woods & Watson, 2014). The couple and one of their children were dealing with problems of getting employment in the UK owing to the aspect that they are not permanent citizens of the nations. Andrzej, after getting into a particular job had to encounter with discrimination of some sort owing to the aspect of not being the UK nationals. However, it can be said that in the present day scenario, people are free to move from one place to another in search of a better life for themselves and they are not to be discriminated or hindered in any sector on the basis of their caste, creed, religions or nationality among others. In the provided case, it is quite evident that Andrzej and members of his family were victimised by the policies of the country, which further lead to discrimination on the basis of nationality (Craig & Burca, 2011). Contextually, the norms of the European law will be vital to depict. European Union Law: Free Movement of Individuals As said above, people in the present day scenario are able to move from one place to another for the purpose of education, work and other aspects. In this context, the free movement policy of the European Union would be vital to consider. It has been learnt that free movement of person is one of the fundamental rights provided by the European commission, to the citizen of the nation that belongs to the European Union (EU) (Dashwood & et. al., 2011). The policy lifts borders amid countries and safeguard rights of people on the basis of freedom to movement and security (Weatherill, 2014). The law also include the aspect of a common immigration policy for people within the nations included in the European Union. It has been comprehended from the analysis of the legal structure of the EU that each and every family member of the citizens of the EU has the right to move freely within the region of the EU without any restriction but under the adherence of certain specific conditions. The family members of EU citizen will have the right to reside in another EU country for three by holding a proof of identity. They can also gain permanent residency of the country if they remain in the same place for a continuous period of minimum of five years. The free movement policy of the EU also provides the right to work to the citizens in any other EU nations. This can be justified from the fact that on an average, 67.7% of employment of any EU nation is by the migrated citizens while the rest is among the people of the nation. As per article 45 of the free movement policy of the EU, there are no restriction for workers to get free movement within the EU nations. The Treaty on the Functioning of the European Union (TFEU), which was initiated in the year 1957, depicts a better comprehension of the rights of people to be employed within any countries of the EU. Notably, as per article 45 of the TFEU, workers or employers in any of the EU nations should not be discriminated on the basis of their national identity with regard to payment or any other work related aspects. The Communication on Free Movement of the EU policy states that it is the joint responsibility of the states and the institutions of the EU to safeguard the rights of the citizens with regard to life and work within the member nations of the EU. The free movement policy also provides social rights to people within the EU nations. Notably, EU citizens enjoy all the rights and benefits provided to other citizens as well. The law also provides educational rights to the EU citizens in any of the EU nation and the mobile citizens will enjoy similar educational rights as that of the locals (Europa, 2014). Advice to Andrzej, Isabela, Katarzyna and Marek Poland and the UK being the members of the EU, both the countries are legally bonded with regard to the laws of the EU. Contextually, Andrzej and his family who are Polish nationals will be liable to enjoy the rights provided by the free movement law of the EU. Notably, during their stay in the UK, Andrzej and his family was victim of discriminations in various sector. While in the UK Andrzej received a job for which he was paid quite a low salary that was deemed not to be fit to lead a standard life. He was also not provided with sufficient holidays during his employment. Both salary as well as number of holidays he used to receive was lower than that of the previous employee in this post. This shows a clear case of discrimination owing to nationality. As per the free movement policy of the EU, workers must not be discriminated on the basis of their nationality in the domain of salary payment, working environment and other aspects of employment (Eprints, n.d.). Contextually, Andrzej will have the liability to file litigation against the company. It has also been comprehended that Isabela, wife of Andrzej applied in the civil domain. However, she was refused on grounds that the job was meant for the permanent citizen of the UK. She applied for another job in the hospitality sector for which she had to sit for an English exam despite of the aspect that she had already passed the test in Poland. In the later scenario, she was rejected for the post depicting that the English was not up to the mark. This also depicts discrimination on the basis of nationality. The free movement law of EU depicted that any individual of the member nations of the EU will enjoy all the rights in another EU nation. In this context, legal proceedings can be conducted against the authorities or the companies who are involved in violating the EU law (European Commission, 2013). Katarzyna, daughter of Andrzej was charged with higher tuition fees in school as compared to the local residents of the nation. In this regard, article 45 of the law of EU suggested that registration and tuition fees must be equal for all within the EU member countries and all the other educational rights must also be enjoyed equally at the same time. This aspect shows that legal actions can be taken against the educational institutions that are violating the free movement law of the EU. In similar regard, Marek, son of Andrzej applied for an educational loan in the UK for which he received a denial from the concerned authorities. In this regard, it can be said that EU nations will not be legally bounded to provide loans and other financial assistance to students who are not among the percent citizen of the nations (Trstenjak & Beysen, 2013; European Union Legal Service, 2010). Contextually, Marek will not be legally liable to take any actions for the situation he is dealing with. In the later scenario, Andrzej was rejected on his request to get a family rail card owing to the aspect that he was not a permanent resident of the country. However, as per the law of the EU, citizens within the EU will enjoy all the social rights that are enjoyed by a permanent citizen of the nation. Hence, it is quite apparent that Andrzej and his family will indeed have the right to get family rail card in the UK. Subsequently, each of the family had to deal with legal proceedings for some of their illegal activities within the society. Contextually, legal authorities in the nation decided to terminate the residential rights of the whole family and deport them to Poland. Notably, as per the free movement law of EU, member countries of the EU has the right to terminate residential rights of any migrant citizen, if they feel that the individual or the group is harming the societal system (European Commission, 2014). In this context, Andrzej and his family members will not be liable to get any assistance from the EU law. Conclusion From the overall analysis of the paper it can be concluded that people can freely move from EU nation to the other and work, reside and get educated in the same while enjoying all the social and legal rights. However, any illegal activities of the migrant people can impact a particular society and certainly lead to termination of their residential and social rights offered by the free movement law of the EU. References Craig, P. & Burca, G. D., 2011. EU Law: Text, Cases, and Materials. Oxford University Press. Dashwood, A. & et. al., 2011. Wyatt and Dashwoods European Union Law. Bloomsbury Publishing. European Commission, 2013. Freedom to Move and Live in Europe. Home. [Online] Available at: http://ec.europa.eu/justice/citizen/document/files/guide-free-mo-2013_en.pdf [Accessed October 22, 2014]. European Commission, 2014. Movement and Residence. Home. [Online] Available at: http://ec.europa.eu/justice/citizen/move-live/index_en.htm [Accessed October 22, 2014]. European Union Legal Service, 2010. Summaries of Important Judgement. Home. [Online] Available at: http://ec.europa.eu/dgs/legal_service/arrets/08c310_en.pdf [Accessed October 22, 2014]. Europa, 2014. European Commission Upholds Free Movement Of People. Home. [Online] Available at: http://europa.eu/rapid/press-release_MEMO-14-9_en.htm [Accessed October 22, 2014]. Eprints, No Date. European Union Citizenship: Freedom of Movement and Family Reunification. Reconciling Competences and Restricting Abuse? Home. [Online] Available at: http://eprints.lincoln.ac.uk/3054/1/AFMKrakow_10IACEuropean_Union_Citizenship.pdf [Accessed October 22, 2014]. Trstenjak, V. & Beysen, E., 2013. European Law Review. Political Choices and Europe’s Judges, pp. 1-5. Woods, L. & Watson, P., 2014. Steiner and Woods EU Law. Oxford University Press. Weatherill, S., 2014. Cases and Materials on EU Law. Oxford University Press. Read More