Eu law problem question helpWatch
I am taking part in a moot and need some help (I am the responden, answering question number 2- being Mantua Republic in this case).
The Mantua Republic is a fictional member state of the EU. It uses the Euro as its currency.
Romeo is an Italian national and Juliet, a Canadian national. They met in Italy and got married there before they moved together to the Mantua Republic in January 2017 as Romeo was offered a fee-waiver scholarship to undertake a PhD on ‘Why is EU Law so fascinating?’ at the prestigious National University of Mantua.
While enrolled as full time PhD student, Romeo is making ends meet by working on a part- time basis as a waiter at Verona a local Italian restaurant. His average gross weekly income has been €150 since January 2017.
When Juliet sought to obtain a residence card under Directive 2004/38 in order to work in Mantua, her application was turned down by the Mantuan Home Office as a national law requires an income of at least 18,600 euros per year for EU citizens in order for their non-EU spouses to be granted permission to join and reside with them in Mantua.
In a rather unfortunate turn of events, the Home Office introduced at the same time a new minimum earning threshold requirement whereby any EU citizen must earn at least an average gross weekly income of €155 in order to be recognised as an ‘EU worker’ or an ‘EU self-employed person’. This led in turn the Home Department to write to Romeo to tell him that he must find a remunerated activity paying at least €155 per week within the next three months failing what he would be subject to ‘a thorough examination to determine his work or self-employment is genuine and effective’. Having failed to find a new job in July 2017, the Home Office reviewed his situation and found that Romeo can no longer be considered an ‘EU worker’. He was then given another three months to prove that he has sufficient resources for himself and comprehensive sickness insurance cover to avoid expulsion.
Juliet and Romeo challenged the legality of both the Home Office’s refusal to grant Juliet a residence card and the new minimum earning threshold requirement by initiating legal proceedings before the relevant national tribunal which, in turn, decided to stay the proceedings and refer the following two questions to the Court of Justice on the basis of Article 267 TFEU:
(1) Does EU Law preclude national authorities from adopting an annual minimum income requirement to be satisfied by all national as well as EU citizens residing in Mantua in order to be allowed to have their non-EU spouses join them in Mantua?
(2) Does EU Law preclude national authorities from adopting weekly minimum earnings thresholds and subject EU citizens to ‘a thorough examination’ to determine whether their work or self-employment is genuine and effective when any relevant threshold is not met?
Why do you feel the need to take time out of your morning to tell me to read a book? This a place where students ask others for help. I never told anyone to do my work. I asked for advice; which is the purpose of this website. If you are a Law student, you would know that EU law textbooks cover very little on minimum income requirements. So I guess I’m not the one that needs to be reading books. Have a good day ‘BRUH’.
So, in refernce to my previous statemennt. Bruh, pick up a book.
1. The opposing party may well see the help you're being given and then what would be the point in preparing key points you believe work well in your favour, to be destroyed because you cannot think on your feet, therefore defeating the whole point of mooting.
2. Nobody asking for moot help ever displays a modicum of evidence that they have properly researched the problem question.
As said above, pick up a book (viz. Practical Law, West Law, Lexis, Statute, Treaties etc) and take it from there.