EU Law- Free movement of persons
Richard, a British national,has been laid off when the public library he was working in was closed. While struggling to find another job matching his qualifications, he reads in the press that English language teachers are in high demand in Croatia, and decides to try his chances in Dubrovnik, where he made some friends during a holiday several years ago. He moved there with his wife Aynoor, a Pakistani national, and their 24- year old son Bill, who has British citizenship.
Richard quickly found a position as a teacher in a state- run high school. Soon he learned that under Croatian legislation all public sector workers, on completion of four years’ of employment are eligible for a special £1,000 per annum length-of-service increment. Richard applied for the special length-of-service increment explaining that, immediately prior to his employment in the Croatian public sector, he had been employed in the public sector in Britain. His application was refused on the basis that the four years’ service had to be completed exclusively in the Croatian public service and therefore his employment in the UK could not be taken into consideration.
Hi everyone, so this a problem question that I have been given. I'm a little stuck on it and was hoping for some guidance.
What i've discussed so far is :
Richard has basic Treaty rights- Richard is a UK national (the UK is a member state) and he therefore enjoys citizenship rights of free movement - articles 20 and 21 TFEU
These rights of free movement are expanded upon in the secondary legislation - see directive - 2004/38 which gives Richard:
- A right to leave the territory of a member state (MS) with a valid ID card or passport to travel to another MS (Article 4)
- A right to enter the territory of another MS (article 5)
- A right to stay there for up to three months (Article 6)
also, I'm wondering specifically how I would tackle the length of service issue.
Kind Regards
Richard quickly found a position as a teacher in a state- run high school. Soon he learned that under Croatian legislation all public sector workers, on completion of four years’ of employment are eligible for a special £1,000 per annum length-of-service increment. Richard applied for the special length-of-service increment explaining that, immediately prior to his employment in the Croatian public sector, he had been employed in the public sector in Britain. His application was refused on the basis that the four years’ service had to be completed exclusively in the Croatian public service and therefore his employment in the UK could not be taken into consideration.
Hi everyone, so this a problem question that I have been given. I'm a little stuck on it and was hoping for some guidance.
What i've discussed so far is :
Richard has basic Treaty rights- Richard is a UK national (the UK is a member state) and he therefore enjoys citizenship rights of free movement - articles 20 and 21 TFEU
These rights of free movement are expanded upon in the secondary legislation - see directive - 2004/38 which gives Richard:
- A right to leave the territory of a member state (MS) with a valid ID card or passport to travel to another MS (Article 4)
- A right to enter the territory of another MS (article 5)
- A right to stay there for up to three months (Article 6)
also, I'm wondering specifically how I would tackle the length of service issue.
Kind Regards
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