European Single Market - Assignment Example

Part I Pursuant to Euralia becoming a member of European Union (EU) with effect from January its citizens can henceforth have the four freedoms of free movement of goods, persons, services and capital subject to restrictions throughout the European Economic Area (EEA).1 Common currency will be Euro which Euralians need not convert to a local currency while on travel outside Euralia Euralians will have to wait until the expiry of December 2015 before they can fully enjoy the rights conferred by the EU citizenship during which period restrictions on work in other member states will be phased out in stages except in the U.K., Ireland and Denmark where they have already relaxed all restrictions on employment for Euralians The other countries would only require our citizens to obtain work permits for employment there in. Likewise, the State of Euralia places similar restrictions to the member States other than the U.K, Ireland, and Denmark. Article 17 (1) of the EC treaty confers citizenship of the union to all persons holding nationality of their respective member States. Article 17(2) enables the citizens of the union to enjoy rights enshrined in the treaty subject to the duties imposed.2 While article 18(1) enables every citizen of a member state to move and reside freely in any part of the E.U., article 39 (1) gives right of free movement for workers. Article 43 confers freedom of trade and commerce for self employment of the individuals. Similarly members can provide and receive services in any part of the E. U. as provided by the article 49 subject to restrictions3. Euralians are advised to consult EU Directive No 2004/38/EC of 29 April 2004 4 which is the secondary legislation for the relevant restrictions on employment and stay in other Member States. Article 4(1) of the Directive 2005/36/EC 5 provides for recognition of professional qualifications acquired by citizens of a member State by the host member State so that the professionals of the home State can pursue their respective professions in the member State under the same conditions enjoyed by its own nationals. Professionals of one member State may provide free services occasionally and temporarily in another member State without undergoing the recognition formalities for their home-state-obtained qualifications. If they however wish to relocate in the host State for rendering free services on occasional and temporary basis, they must show evidence for two years of professional experience, in case of unregulated professions. For regulated professions, two years experience requirement is not necessary.6 Part II Qn 1) There is no restriction on Euralians seeking employment in the U.K. However Directive 2004/38/EC of 29 April 2004 7 will apply. Article 2 of the directive recognises the following as family members and permits them to accompany the person seeking employment who will ultimately get employed. (a) the spouse, (b) partner in a marriage partnership if recognised in the host state, © the direct descendants under the age of 21 or dependants and dependants of the spouse or marriage partner (d) the dependant direct relatives in the ascending line of the citizen, his/her spouse or marriage partner. Accordingly, the daughter being her direct descendant and dependant though aged 23 is eligible to accompany the citizen as per clause © above. If she is already working and not dependant on the citizen, she shall not be eligible to accompany the citizen. If the daughter is under age 21, she is allowed to accompany under sub-clause (a) above. Her daughter being 23 years old should prove dependency on her mother and in the alternative she can be advised to take up employment in the host member State. Qn 2) Article 2 (c) of the directive allow dependants irrespective of relationship to accompany. Accordingly the disabled and dependant ex-husband can accompany. If the ex-husband happens to be a third country national (other than EU member States), he will have difficulty in future in case his wife dies or leaves the host country. He should have resided with her at least for a year to continue to reside in the host country provided he is employed and able to support himself. Hence in this case, he being a disabled and dependant, cannot reside in the host State if he is a third country national on his wife’s death or her departure. In this connection, it may be relevant to ensure expulsion of such person against human dignity as envisaged in clause 15 of EU Directive 2004/38.8 Qn 3) Article 2 (b) of the directive stipulate that if civil marriage is recognized in the host State for its own nationals, then the person here in can take her civil marriage partner to the host State. In an earlier case Netherlands State v Reed9, the court had held civil marriage partnership as not eligible. However the relevant provision of the Directive states as “the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State”10 Qn 4) Pet can accompany a citizen as a personal effect provided rules prevailing in the host country such as certificates of vaccination to prevent rabies are complied with before entry. In the U.K. the requirement of quarantining the imported animals for six months is no longer insisted.11 The U.K. has Pet Travel Scheme under which there is no restriction for movement of pets from other EU member countries and there is no limit on number of pets. For non-EU countries there is a limit of 5 pets one can bring and subject to being quarantined for six months. Pets must have remained at for six months in the EU or non-countries before entering the U.K. The U.K. has quarantining conditions for some countries and it also requires an import licence for the pet for the travel and entry into the U.K. Quarantining conditions are waived for Dogs and Cats subject to rules being complied with. The rules relate to the requirements for a microchip, vaccination and satisfactory blood test by an EU approved laboratory. They must also be treated for ticks and tapeworms within 24 to 48 hours before their being handed over to the approved transport company.12 The above answers to Qn 1 to 3 are subject to the persons’ obtaining residence cards in the U.K. Article 9 to 11 of the Directive 2004/38/EC deal with resident of cards. Both the union citizens as well their family members wishing to enter another member State for employment should obtain resident cards which should be issued within six months of application. The card only is evidence of right of residence and does not create right. In fact, a family member can assert right of residence even without applying for a resident card but it will be difficult to prove. In U.K. resident cards of home State are not accepted. One should apply for the card in form EEA2 and it usually takes nearly six months to be issued and it is only the certificate of application that serves as evidence in the meantime. Qn 5) The prospective students are required to have comprehensive sickness insurance in the host State and assure the national authority that they have sufficient financial resources and that they would not become a burden on social assistance system of the host State. However the relative article 93/96 since repealed, for availing grants from the host State for the purpose of study does not impose any restrictions. In Brown13, the student claimed grant from the British Government under article 7 (2) for studying at Cambridge University in engineering as he had already worked for 8 months in the U.K. As he had worked as part of the curriculum, his claim as a worker, was rejected. As per article 24 (2) of Directive 2004/38, a person is eligible for study grant only after five years of residence in the host State vide article 16 of the said Directive, unless he/she is already a worker or self employed in the host State.14 It was questioned by the court in Brown 15 whether the student took job only to avail of the grant. If that be the case, the questioner can not acquire all the rights and advantages as a worker. Brown had already worked for eight months as part of his curriculum in pre-university industrial training and hence the court ruled that he was not a worker engaged in an economic activity and consequently not eligible to claim the social advantages such as maintenance grant available to only regular workers. His job was merely incidental to his course of study.16 Hence in this case, the person cannot avail of study grant without actually being economically active. He can go to the U.K. only with sufficient resources. Qn 6) The E.U. citizen should register in the host Member State for stay therein for more than three months as required by article 8(1) He acquires right of permanent residence as per article 16 , after five continuous years of residence in the host member state in which case, the condition of articles 6 & 7 need not be satisfied. On insolvency before the period of five years, the E.U. citizen will be expelled as per article 14 which states that he can continue to reside only if he will not be burden to the host State’s social assistance system.17 Thus the continuous period of five years of residence confers a union citizen, permanent residence-ship even if he becomes insolvent subsequently and regardless of his being not economically active. He is deemed to have become full-fledged citizen of the Member State and is eligible for all the benefits and privileges enjoyed by a national of the Member State.18 He cannot however continue to reside if he becomes a security risk and acts against public security or public policy of the host State. If he has resided for more than ten years, the host State has the discretion as per the article 28(3) (a) of the directive to allow him to stay. It may be noted that Article 35 of the Directive 2004/38 gives right to a member State to refuse or withdraw for reasons of abuse or fraud by the citizen of the origin sate seeking to stay though no case law has so far emerged except the case of sham marriage in order to acquire EU rights.19 Thus the person in question above can continue to stay beyond the stipulated periods if he shows he has sufficient funds to support himself and dependants but once he completes the continuous period five years of residence, he can continue to stay further even if he is insolvent thereafter. References Bernard Catherine (2007) The Substantive Law of the E.U.: the four freedoms, Oxford University Press, p 304 Case no 197/86 Brown v Secretary of State for Scotland [1988] ECR 3205 Craig P Paul, Burca De Grainne, and (2007) EU Law: text, cases and materials, Oxford University Press, page 754 DEFRA, Department for Environment Food and Rural Affairs, EU Regulation on the non-commercial movement of pet animals - questions and answers, Accessed on 29 April 2009 Directive 2004/38/EC, Accessed on 24 April 2009 [ EU Membership – The Four Freedoms, Accessed on 24 April 2009< http://www.berr.gov.uk/whatwedo/europeandtrade/europe/single%20market%20intro/EU%20Four%20Freedoms/page45648.html> Foster G Nigel (2006) Blackstone’s EC Legislation 2006-2007, Oxford University Press, p i Greaves R (s2008), The Internal Market and Free Movement of Persons, Accessed on 24 April 2009 Netherlands State v Reed Case no 59/85 (1985) ECR 1283 Professional Qualifications, The EU Single Market, Directive 2005/36/EC, Accessed on 24 April 2009< http://ec.europa.eu/internal_market/qualifications/future_en.htm> Travelling to another EU Country, Pets, Accessed on 24 April 2009 < http://ec.europa.eu/youreurope/nav/en/citizens/services/eu-guide/travelling/index_en.html> Read More