EKIA
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Ferrets
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Which laws are you comparing? I think it will depend with the jurisdiction and their laws
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EKIA
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(Original post by Ferrets)
Which laws are you comparing? I think it will depend with the jurisdiction and their laws
Thank you it should’ve said EU Law. My brain is small
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legalhelp
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Hi OP, hope you don’t mind - just reposting my answer to this question from the other thread, in case anyone on here has any thoughts. As I said, I’m not sure if it’s right, but this is how I would be thinking about the question.

Worth bearing in mind that the right to marry is a Convention right as well, and all EU member states are parties to the Convention in addition to the Charter. So you might find some useful Strasbourg jurisprudence on this too.

*******

As I said it’s a long way from my area of expertise, but I would interpret this as a question about Member States’ ability to derogate from an EU charter right (the right to marry). In other words, the EU charter safeguards certain fundamental rights of EU citizens, including the right to marry. So has the ECJ said anything about the ability of member state governments to interfere with / derogate from that right (for example, by charging fees, or making people have covid tests). I have no idea what the answer is, but that’s how I would approach it.
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EKIA
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(Original post by legalhelp)
Hi OP, hope you don’t mind - just reposting my answer to this question from the other thread, in case anyone on here has any thoughts. As I said, I’m not sure if it’s right, but this is how I would be thinking about the question.

Worth bearing in mind that the right to marry is a Convention right as well, and all EU member states are parties to the Convention in addition to the Charter. So you might find some useful Strasbourg jurisprudence on this too.

*******

As I said it’s a long way from my area of expertise, but I would interpret this as a question about Member States’ ability to derogate from an EU charter right (the right to marry). In other words, the EU charter safeguards certain fundamental rights of EU citizens, including the right to marry. So has the ECJ said anything about the ability of member state governments to interfere with / derogate from that right (for example, by charging fees, or making people have covid tests). I have no idea what the answer is, but that’s how I would approach it.
In terms in free movement of persons, what is the questions asking me? I have no idea where to start as I have to argue in favor of it in terms of a guy staying in the UK. The scenario is really long. EU Law is really confusing to me.
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legalhelp
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(Original post by EKIA)
In terms in free movement of persons, what is the questions asking me? I have no idea where to start as I have to argue in favor of it in terms of a guy staying in the UK. The scenario is really long. EU Law is really confusing to me.
You’ve lost me. I thought this was a question about marriage? Where does free movement and/or a guy staying in the U.K. come into it?
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EKIA
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(Original post by legalhelp)
You’ve lost me. I thought this was a question about marriage? Where does free movement and/or a guy staying in the U.K. come into it?
You’re correct it doesn’t have anything to do with it I’m just insanely confused by this.
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That’s the question, there is a long scenario but I think it’s useless because I don’t understand what the question is asking.
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legalhelp
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Fair enough, it’s not an easy question. I’m not sure if there is some specific case they are trying to get you to address, but as I said I think the starting point is the right to marry enshrined in the EU Charter (and in the ECHR). If an EU member state creates rules that impact on that right to some extent (as a requirement for a covid test / admin fee arguably would), then that will only be lawful in certain circumstances. Take a look at Article 51 - what does a state have to establish in order to be allowed to something that impinges on a Charter right? And do you think the two examples given here would be within the scope of that article? I’m pretty sure this is where you need to start, but I may be wrong.
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EKIA
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(Original post by legalhelp)
Fair enough, it’s not an easy question. I’m not sure if there is some specific case they are trying to get you to address, but as I said I think the starting point is the right to marry enshrined in the EU Charter (and in the ECHR). If an EU member state creates rules that impact on that right to some extent (as a requirement for a covid test / admin fee arguably would), then that will only be lawful in certain circumstances. Take a look at Article 51 - what does a state have to establish in order to be allowed to something that impinges on a Charter right? And do you think the two examples given here would be within the scope of that article? I’m pretty sure this is where you need to start, but I may be wrong.
I think it’s on the basis of article 267 of TFEU
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EKIA
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(Original post by legalhelp)
Fair enough, it’s not an easy question. I’m not sure if there is some specific case they are trying to get you to address, but as I said I think the starting point is the right to marry enshrined in the EU Charter (and in the ECHR). If an EU member state creates rules that impact on that right to some extent (as a requirement for a covid test / admin fee arguably would), then that will only be lawful in certain circumstances. Take a look at Article 51 - what does a state have to establish in order to be allowed to something that impinges on a Charter right? And do you think the two examples given here would be within the scope of that article? I’m pretty sure this is where you need to start, but I may be wrong.
I’m doing a moot and my partner has probably the most basic question ever and I have this stupid confusing question. Plus the moot scenario is so long and it’s a pdf that I can’t even copy and paste,
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legalhelp
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(Original post by EKIA)
I think it’s on the basis of article 267 of TFEU
Art 267 just empowers the ECJ to hear cases relating to the correct interpretation of EU treaties, and whether EU states and public bodies have acted in accordance with EU law. So in your scenario, that’s where the case would be heard. But you haven’t identified what the actual problem is that would be the subject of the case. Take a more extreme example - what if, for example Italy decided that in order to get married to someone from another EU MS, you would have to pay a million euro fee. Could they do that? If not, why not? What would be the basis of any challenge brought against Italy in that scenario? That’s where the charter rights come in in this scenario, I think.
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EKIA
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(Original post by legalhelp)
Art 267 just empowers the ECJ to hear cases relating to the correct interpretation of EU treaties, and whether EU states and public bodies have acted in accordance with EU law. So in your scenario, that’s where the case would be heard. But you haven’t identified what the actual problem is that would be the subject of the case. Take a more extreme example - what if, for example Italy decided that in order to get married to someone from another EU MS, you would have to pay a million euro fee. Could they do that? If not, why not? What would be the basis of any challenge brought against Italy in that scenario? That’s where the charter rights come in in this scenario, I think.
This is the scenario (my partners question is so compared to mine):
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