Hi guys, was wondering if anyone could give me a guide as i am really struggling to answer this part of my seminar question
Alan is an Arcadian national but lives in Ruritania (both EU Member States). He supports himself by giving some music lessons in the local music academy, and by playing guitar on tube platforms. He applies for Ruritanian social assistance to supplement his income, but is turned down on grounds of his nationality. Further, the authorities threaten to expel him from the country on the grounds of the financial burden he represents.
Brian, also an Arcadian national, decides to join Alan in Ruritania. He applies for a job as a nurse in a private hospital, but is told that only Ruritanian nationals are accepted and that this is a legitimate restriction because private employers are not bound by free movement of workers.
Advise Alan and Brian under their rights under EU law.
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EU Help - Free movement of workers! watch
- Thread Starter
- 21-03-2011 17:26
- 22-03-2011 22:49
Alan - See Levin.
Brian - See Comm v Belgium.
With EU - you need to start with the treaties first. Read Art 45 and understand it. Then look at the secondary legislation, Directive 1268/68 and Reg 2004/38, then look at the case law. If you jump right into case law none of it is going to make sense.
Also make sure you understand the differences and rights between a citizen and a worker.