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EU help - discrimination watch

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    Hi. I'm totally lost and really panicking.
    I'm going through some past exam papers at my uni and i'm really scared for the exam. One question that seems to come up somewhat often is about what happens if something is available to nationals but not none nationals, some kind of benefit or something. I've looked through my notes and I'm generally confused.

    An example is John is jewellery designer from country A. he has been to visit a potential buyer for his jewellery in country B. On his way back to the hotel he is assaulted by some masked thug. He is extremely shaken up. He hears that although they probably won't find the thug he could claim from a victims compensation scheme in country B. However upon applying to the scheme it turns out it is only available to nationals of country B.
    Advise John if country B is in breach of its obligations.

    I don't even know where to begin looking to answer this.
    I am somewhat missing in my notes and everything because of a period of sickness and so I'm learning a lot of this as I go and as I said, I'm extremely confused.

    Thanks for any help guys.
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    Don't panic! You're making me panic! Let's panic together

    I'm assuming both countries are EU Member States, right..? This problem question is a nice one, you could apply a lot of different issues and remedies. It's also quite a short question, lucky you!

    (1) Indentify the issues here - John has been denied access to a compensation scheme on the grounds of nationality.

    (2) Law - look to the Treaties - Article 18 prohibits general discrimination on the grounds of nationality. Consider any human rights violations by looking to the Charter of Fundamental Rights. Apply some case law.

    (3) Apply the law - country B is clearly in breach of its obligations

    (4) Conclude - remedies?
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    Just to add consider whether J is economically active and whether this is applicable (hint, I'm thinking Article 49) and if he has any rights there. Note Steinhauser and Article 7(2) Citizens Rights Directive

    Alternatively, consider that Article 6 of the Citizens' Rights Directive gives the right of residence for 3 months to any EU national with no other formalities. Combined with Article 21 TFEU, J may be entitled to social advanatages subject to derogation. If so, is there a valid reason for him not to be given this compensation scheme?
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    (Original post by gethsemane342)
    Just to add consider whether J is economically active and whether this is applicable (hint, I'm thinking Article 49) and if he has any rights there. Note Steinhauser and Article 7(2) Citizens Rights Directive

    Alternatively, consider that Article 6 of the Citizens' Rights Directive gives the right of residence for 3 months to any EU national with no other formalities. Combined with Article 21 TFEU, J may be entitled to social advanatages subject to derogation. If so, is there a valid reason for him not to be given this compensation scheme?
    When you talk about the Citizens' Rights Directive, are you referring to Directive 2004/38? I revised the Directives by their long numbers, if only I knew I could call it that! Much easier, thank you

    Oh yeh, forgot to add - the Member State might try to justify its derogation under the Directive or Treaty on the grounds of public policy, health or security, so if you're advising J then try to assert that the derogation is not justified (or maybe it is?) - most likely it won't be justified, as the question you typed is a clear breach of the MS obligations.
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    (Original post by lesbionic)
    When you talk about the Citizen's Rights Directive, are you referring to Directive 2004/38? I revised the Directives by their long numbers, if only I knew I could call it that! Much easier, thank you

    Oh yeh, forgot to add - the Member State might try to justify its derogation under the Directive or Treaty on the grounds of public policy, health or security, so if you're advising J then try to assert that the derogation is not justified (or maybe it is?) - most likely it won't be justified, as the question you typed is a clear breach of the MS obligations.
    Ha ha, yes I am though having looked over my notes, I think the social advantage aspect may be from regulation 1612/68 which is for workers only - but it's been applied to other things by Article 18 cf Steinhauser [1985]. But yeah, it's easier to call it the Citizen's Rights Directive
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    (Original post by gethsemane342)
    Ha ha, yes I am though having looked over my notes, I think the social advantage aspect may be from regulation 1612/68 which is for workers only - but it's been applied to other things by Article 18 cf Steinhauser [1985]. But yeah, it's easier to call it the Citizen's Rights Directive
    Yeh, it's from reg 1612/68 which I think was repealed by the new 2004 Directive.
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    (Original post by lesbionic)
    Yeh, it's from reg 1612/68 which I think was repealed by the new 2004 Directive.
    No, it's in force. I think it was amended by the directive only.
 
 
 
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