EU Rights to citizenship - Essay Example

EU Rights to citizenship This story is based on the lives of two groups of people: residents of the European Union and individuals who have moved from Kazakhstan and Hungary in an attempt to find work and settle in the EU. The huge differences present between the lives of the locals and the immigrants to the country are shown. Karl and Gabrielle are the two visitors from Kazakhstan while Sylvia belongs to Hungary. Charles, Bill and Muriel play an intricate role in the lives of all three foreign individuals.   The first character Gabrielle has a work permit which qualifies up to three months. Article 6(1) provides that EU citizens shall have the right of residence in another Member State for a period of up to three months without any restrictions or formalities other than the obligation to hold a valid identity card or passport. Also, according to Article 4 and 5 all EU citizens have the right to leave or enter another Member State by having a valid identity card or valid passport. According to Art 7(1) Gabrielle can exceed the three months period if (a) she is engaged in an economic activity in the host Member State such as UK on an employment or self-employed basis, (b) if she has health insurance and (c) if she is following a course of study in the host Member State.   Article (8 a) does not provide every citizen of the Union with an open-ended right to reside freely within every Member State. Gabrielle may have obtained the right of permanent residence in UK after a five years period of continuous legal residence according to Art 16 (1). This is as long as the eviction decision has not been enforced against her by virtue of Art 21. Therefore, she is allowed the right to permanent residence without needing to oblige any conditions.   There are also laws determining the treatment of these foreign employees. Gabrielle has also been paid very low minimum wage and has not been treated well by her employer: leading to her being killed in the end. Evidence of this ill-treatment is in the conversation between Muriel who asked her husband to “look for labour abroad as they are very cheap”. Gabrielle earned only 50 pounds per week which included living expenses and was subjected to bad treatment because of her appearance. The principle of equal treatment prohibits direct or indirect discrimination based on racial or ethnic origin according to Art 1. This applies to EU and non – EU citizens and covers both public and private sectors in relation to employment, self employment, education, social protection etc as mentioned in Art 3 (1). In the story, Karl does not have legal rights to reside or work in UK as he comes from Kazakhstan and Kazakhstan is not a EU member of State. Article 17 of the EU Treaty provides that a citizenship of the union needs to be established and every person holding nationality of a Member State shall be a citizen of the union. However, nationals of third states outside the Community can enjoy a number of important free movement rights under Treaties made with it. In the case of Baumbast and R v Secretary of State for Home Department, the court held: A citizen of the European Union who does no longer have a right of residence as a migrant worker in the host Member State can as a citizen of the Union enjoy there a right of residence if they apply for Art 18 (1). The family members of EU workers, the self-employed and other beneficiaries of free movement rights who are nationals of other states have the right to put in themselves with the person entitled to the free movement right. Hence, the spouse or other family member is entitled to access to employment and equal treatment as if he was a EU citizen. In this case, if Gabrielle continued to live in the UK and earned the right to citizenship, Karl could legally reside with her. Therefore, Karl could enjoy free movement rights to work and reside in UK only if he is a family or spouse of someone being a EU citizen according to the authority granted by Gul v Regierungsprasident Dusseldorf.. Also Karl himself can earn citizenship if he lives with an EU citizen in UK for five years by virtue of Article 16. The other third state nationals are allowed to free movement rights either by providing a service or to become established there under Article 43, 49 of the EC Treaty. In order for this person to carry out his/her activities in the host Member State, he/she is entitled to take the workforce with her/him, no matter what their nationality is. Therefore, this kind of employment would be accepted without any condition of a work permit in the host Member State and should be permitted to stay there until the business of their task is complete. Authority is Rush Portuguesa Lda Van der Elst v OMI.   Also Article 3(1) provides that the Directive applies to family members who accompany or join EU citizens. Thus, according to Art 3(1) and Article 2(1) Karl can enjoy EU citizenship if (a) he is a spouse of a EU citizen and (b) he is a registered partner, if the legislation of the host Member state treats registered partnership as equivalent to marriage. Art 14(4) provides that EU citizens or his family members cannot be evicted from the host Member State if he/she are self employed in the host Member State or entered to seek work and they can provide evidence that he/she is continuing seeking work and has an authentic chance to being employed. This is according the authority of R v Home Secretary, ex parte Vitale and Do Amaral [1995] ALL ER. Sylvia is a Hungarian citizen and has a Hungarian passport. As mentioned above, Article 17 (1) of the EU Treaty provides that citizenship of the union is established and every person holding nationality of a Member State shall be a citizen of the union. With Hungary a part of the EU, Sylvia can either use her Hungarian passport or obtain an EU visa for her residence. There are various laws ensuring that the three foreigners could have been given place inside the EU. In this way, Gabrielle could have continued to stay in the EU provided she had work, her brother Karl could have resided as a family member after Gabrielle had been granted citizenship and Sylvia being a part of the EU had to face no qualms as she was a citizen of a member of the Union. This proves that EU laws are in fact flexible and helpful to citizens and those residing outside. Thus, allowing space and permission to attract foreign and qualified individuals in need of assistance. Read More