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    Hey, the following is an assignment concerning EU Law which I need to do. I am just trying to identify the key points and issues that need to be researched and discussed. The problem seems to relate to issues concerning the right to work in another EU member state, and 'rights to claim benefits' after just entering a fellow EU member state. I am sure there is lots more to it however. I looking for any pointers or advice anyone might have as how to approach this problem. This is my first time to do an assignment on EU Law so I assume the procedure is a little different. It is just a bit intimidating as I do not know where to start my research.

    Many Thanks in advance!!


    ''Jack is a French citizen who has moved to Spain. He has supported himself for the past few months by playing music on the streets. Two weeks ago, he was approached to become part of a local rock band. The band plays regular gigs in pubs in Madrid (usually playing for about 15 hours a week). Last week they played at a pub owned by Miguel. Miguel has said to the band that he would like them to play regularly at his pub from now on. He will phone them each week and let them know what night. Some weeks, if it does not suit Miguel, no gig will take place.

    Jack has been joined in Madrid by his girlfriend, Marie, who is pregnant with Jack's child. Marie has made a claim for unemployment benefit and maternity payments. These have been rejected by the Spanish authorities on the grounds that Marie is not a Spanish national and has not been resident in Spain for the 6 months required by Spanish law to claim such benefits. Her claim that she is dependent on Jack has been rejected on the grounds they are not married.


    Advise Jack and Marie of their rights under EU Law.''
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    (Original post by zobags)
    Hey, the following is an assignment concerning EU Law which I need to do. I am just trying to identify the key points and issues that need to be researched and discussed. The problem seems to relate to issues concerning the right to work in another EU member state, and 'rights to claim benefits' after just entering a fellow EU member state. I am sure there is lots more to it however. I looking for any pointers or advice anyone might have as how to approach this problem. This is my first time to do an assignment on EU Law so I assume the procedure is a little different. It is just a bit intimidating as I do not know where to start my research.

    Many Thanks in advance!!


    ''Jack is a French citizen who has moved to Spain. He has supported himself for the past few months by playing music on the streets. Two weeks ago, he was approached to become part of a local rock band. The band plays regular gigs in pubs in Madrid (usually playing for about 15 hours a week). Last week they played at a pub owned by Miguel. Miguel has said to the band that he would like them to play regularly at his pub from now on. He will phone them each week and let them know what night. Some weeks, if it does not suit Miguel, no gig will take place.

    Jack has been joined in Madrid by his girlfriend, Marie, who is pregnant with Jack's child. Marie has made a claim for unemployment benefit and maternity payments. These have been rejected by the Spanish authorities on the grounds that Marie is not a Spanish national and has not been resident in Spain for the 6 months required by Spanish law to claim such benefits. Her claim that she is dependent on Jack has been rejected on the grounds they are not married.


    Advise Jack and Marie of their rights under EU Law.''
    Start with Jack's status - is he a worker under Article 45? Alternatively, is he self-employed under the Jany criteria?

    If he's none of these, he probably has no rights. If he is one, then consider Marie. She may have rights under the Citizens Rights Directive (I think...) but not necessarily to all of the things she claims.

    Hope that helps you get started
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    Thanks.

    Article 45 of the Treaty on the Functioning of the European Union[1] states that

    1. Freedom of movement for workers shall be secured within the Union.
    2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.

    I've never heard of the Jany criteria and cannot find anything on it online. Obviously being a problem question there is probably lots more to it but on the surface it would appear that Jack is entitled to work under Article 45 right?
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    (Original post by zobags)
    Thanks.

    Article 45 of the Treaty on the Functioning of the European Union[1] states that

    1. Freedom of movement for workers shall be secured within the Union.
    2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.

    I've never heard of the Jany criteria and cannot find anything on it online. Obviously being a problem question there is probably lots more to it but on the surface it would appear that Jack is entitled to work under Article 45 right?
    Jany is a case about a Polish prostitute. It sets out the difference between workers and self-employment - workers are in a relationship of subjugation whereas self-employed people determine their own work, essentially.
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    Ok got ya, thanks! I'll read up on this. So would Jack being self-employed have a different impact on Marie's rights concerning unemployment and maternity benefits. I'm assuming if he was self-employed there would be less chance of her successfully claiming benefits than if he was a worker under Article 45? Also there is obviously issues to be addressed concerning the fact that the couple are not married, and that she has just entered the country. It mentions the Spanish law's 6 month requirement. Do you know if independent country laws conflict with EU membership laws? Jjust because a country is a EU member state, can they differ in their rules & requirements regarding things like state benefits. So for example, can Holland's requirements for claiming benefits be different than say France? This is something that confuses me about the EU. I assume individual states can still have their own individual laws & regulations right?

    Many thanks
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    Personally I wouldn't start answering the question until you've read an entire chapter on the free movement of labour. I think you need to have a general "overview" of an area of law before you can start drilling down into the detail, otherwise you are at risk of missing things or barking up the wrong tree. This is often quite true of EU law.
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    (Original post by zobags)
    Hey, the following is an assignment concerning EU Law which I need to do. I am just trying to identify the key points and issues that need to be researched and discussed. The problem seems to relate to issues concerning the right to work in another EU member state, and 'rights to claim benefits' after just entering a fellow EU member state. I am sure there is lots more to it however. I looking for any pointers or advice anyone might have as how to approach this problem. This is my first time to do an assignment on EU Law so I assume the procedure is a little different. It is just a bit intimidating as I do not know where to start my research.

    Many Thanks in advance!!


    ''Jack is a French citizen who has moved to Spain. He has supported himself for the past few months by playing music on the streets. Two weeks ago, he was approached to become part of a local rock band. The band plays regular gigs in pubs in Madrid (usually playing for about 15 hours a week). Last week they played at a pub owned by Miguel. Miguel has said to the band that he would like them to play regularly at his pub from now on. He will phone them each week and let them know what night. Some weeks, if it does not suit Miguel, no gig will take place.

    Jack has been joined in Madrid by his girlfriend, Marie, who is pregnant with Jack's child. Marie has made a claim for unemployment benefit and maternity payments. These have been rejected by the Spanish authorities on the grounds that Marie is not a Spanish national and has not been resident in Spain for the 6 months required by Spanish law to claim such benefits. Her claim that she is dependent on Jack has been rejected on the grounds they are not married.


    Advise Jack and Marie of their rights under EU Law.''
    Your outline strongly suggests that Jack is on the black and therefore outside the system as far as employment rights are concerned. Does he pay tax?
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    I'm a bit confused over what Marie's entitlements to benefits are. They are not married but she is pregnant with his child so I am wondering would this make her a 'Dependant' under the 2004 Directive? She is not a worker so can she firstly even stay in the country without looking for a job? Her claim has been denied on the grounds that (1) She is not a Spanish national and has not been a resident for the minimum 6months that is required by Spanish Law.
    and,
    (2) She and Jack are not married

    Can anybody point me in the right direction here as to what to look at?

    Many thanks!!
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    (Original post by zobags)
    I'm a bit confused over what Marie's entitlements to benefits are. They are not married but she is pregnant with his child so I am wondering would this make her a 'Dependant' under the 2004 Directive? She is not a worker so can she firstly even stay in the country without looking for a job? Her claim has been denied on the grounds that (1) She is not a Spanish national and has not been a resident for the minimum 6months that is required by Spanish Law.
    and,
    (2) She and Jack are not married

    Can anybody point me in the right direction here as to what to look at?

    Many thanks!!
    Citizens' Rights Directive. There are two possible angles to look at:

    1) Marie may be Jack's partner in a durable relationship duly attested. If so, she is entitled to rights as a family member. (this is the first one to consider)

    2) Marie may be an EU National. If so, she has certain rights for people who live there for up to 3 months. This is a lot weaker though.
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    By citizens directive do you mean Directive 2004/38/EC? Under this 'Family member' means:

    (a) Spouse
    (b) 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.
    (c) The direct descendants under 21
    (d) the dependent direct relatives in the ascending line

    So basically I have to determine whether Marie could be viewed as a 'family member'. How can I determine this however from the info that I have. It doesn't mention anything about them being in a 'registered partnership' as outlined in (2) above. I came across a case Netherlands v Reed where the partner of an English man working in Holland was allowed to remain there as she was in a stable relationship with a resident.

    This brings me to another question. Is there actually any issue with Marie staying in the country? I mean assuming she is an EU citizen, then she can stay no matter what right? Sorry just stuff really confuses me.

    Thanks!
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    (Original post by zobags)
    By citizens directive do you mean Directive 2004/38/EC? Under this 'Family member' means:

    (a) Spouse
    (b) 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.
    (c) The direct descendants under 21
    (d) the dependent direct relatives in the ascending line

    So basically I have to determine whether Marie could be viewed as a 'family member'. How can I determine this however from the info that I have. It doesn't mention anything about them being in a 'registered partnership' as outlined in (2) above. I came across a case Netherlands v Reed where the partner of an English man working in Holland was allowed to remain there as she was in a stable relationship with a resident.

    This brings me to another question. Is there actually any issue with Marie staying in the country? I mean assuming she is an EU citizen, then she can stay no matter what right? Sorry just stuff really confuses me.

    Thanks!
    Article 3(2)(b) - Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:

    (b) the partner with whom the Union citizen has a durable relationship, duly attested.

    The host Member State shall undertake an extensive examination of the personal circumstances and
    shall justify any denial of entry or residence to these people.

    Ta-da.

    If Marie is an EU citizen, she has a right of residence for 3 months. She can stay for up to 5 years if she can support herself and has comprehensive sickness cover. She gains the right of permanent residence after legally residing for over 5 years.
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    Great thanks!! Do you happen to have a link to where I can read the 2004 directive by any chance? I can't find it anywhere online.
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    (Original post by zobags)
    Great thanks!! Do you happen to have a link to where I can read the 2004 directive by any chance? I can't find it anywhere online.
    Type "Citizens Rights Directive" into google. Should be the first link that comes up.
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    Thanks, I think I have most of the issues down now. I am just addressing the last part which takes in to account that Marie may be an EU citizen (it does not give this info in the question). So if she actually is an EN national then under Article 6 she can stay for up to 3 months as you have already mentioned.

    Article 7(1) then states that an EU citizen can stay more than 3 months where they can establish

    (a) they are workers or self employed persons
    (b) have sufficient funds to avoid becoming a burden on the social assistance of the state and have medical insurance
    (c) are students

    So hypothetically if she is in fact an EU citizen then she would have these rights which are independent of her partnership with Jack. However in the question I am told she has applied for unemployment benefits and maternity benefits which have been rejected on the ground her and Jack are not married.

    This is where I get a bit confused as since she is not working, or is a student, and the fact that she has claimed unemployment benefits would indicate she does not have sufficient funds to support herself. So surely she would not be allowed stay over 3 months since she does not meet the above 3 criteria. Of course she may be entitled to stay under article Article 3(2) but I am just trying to work out what here benefits would be in the event she is an EU citizen.

    Sorry if I am confusing you here.
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    (Original post by zobags)
    Thanks, I think I have most of the issues down now. I am just addressing the last part which takes in to account that Marie may be an EU citizen (it does not give this info in the question). So if she actually is an EN national then under Article 6 she can stay for up to 3 months as you have already mentioned.

    Article 7(1) then states that an EU citizen can stay more than 3 months where they can establish

    (a) they are workers or self employed persons
    (b) have sufficient funds to avoid becoming a burden on the social assistance of the state and have medical insurance
    (c) are students

    So hypothetically if she is in fact an EU citizen then she would have these rights which are independent of her partnership with Jack. However in the question I am told she has applied for unemployment benefits and maternity benefits which have been rejected on the ground her and Jack are not married.

    This is where I get a bit confused as since she is not working, or is a student, and the fact that she has claimed unemployment benefits would indicate she does not have sufficient funds to support herself. So surely she would not be allowed stay over 3 months since she does not meet the above 3 criteria. Of course she may be entitled to stay under article Article 3(2) but I am just trying to work out what here benefits would be in the event she is an EU citizen.

    Sorry if I am confusing you here.
    To be honest, I don't think her rights as an EU citizen are particularly strong because she isn't economically active and, as you said, she can't support herself. That's why you could consider it and probably dismiss it. Focus most of your analysis on her being Jack's family member as she is entitled to more rights that way.
 
 
 
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