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EU Law problem question (will rep the best answer) watch

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    Ok here is the question.

    a. After being a successful lawyer in her country, Matilda,
    a British national, moved to Greece in 2006.
    She has been working part-time 10 hours a week for the last
    three years at a solicitor’s office in Athens, Greece.
    At the same time, she is a member of the radical international
    ‘United Anti-Capitalist Force’ (UACF) and the senior Athens
    branch member of the Force. Recently, Matilda made a
    speech at a public rally in Athens organised in part by UACF
    to express opposition to the current privatization policy in Greece.
    In the speech, which UACF published on their website, Matilda
    makes the following statement.


    It is a real pity that this State has imprisoned our brothers,
    the anarchists, who have been successfully executing so-called
    successful businessmen, ministers of this deplorable Government
    and servants of the capitalist administration of the world.
    Make no mistake; this is a war. A war we are ready to continue!


    Subsequent to the rally, Matilda is issued with a deportation notice
    from the Greek Home Office, which informs her that the Greek Government
    will deport her on grounds of public policy and security according
    to Greek immigration rules.

    b. The Greek Home Office deny any suggestion that Matilda
    is a ‘worker’ under European Union law.


    c. Matilda is married to Frank, a South American national, who
    has a full-time post in the British Embassy in the finance department
    since he entered Greece with Matilda in 2006. Matilda and Frank
    have also adopted a 6 year old son Steve who is a full-time pupil
    of a local primary school.

    Advise all three of their rights.


    This is what I think so far but I just need help putting it all together.


    For the section I marked a:


    I think Matilda was expressing her right to free speech and freedom of peaceful assembly.

    For the section I marked c:

    I think I should advise the client all three on their rights using the ECHR Art.8 applies to all three clients. Deportation may violate their human rights established under the right to establish family life.

    Can anyone help me out a little.
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    I have no more than the vaguest knowledge of this particular part of EU law, but it seeks to me that you are barking up the wrong tree. Part A is about when a Member State is permitted to derogate from the free movement of persons under the "public policy" derogation; B is about what counts as a worker; C is about what rights the family of a EU national have.

    This problem question is about the free movement of persons. Its not about the ECHR. The ECHR is only tangentially relevant - you need to focus on the Treaty, not the ECHR. If you are having problems, the book "The Substantive Law of the EU" by Barnard is superb: detailed, but also really clear and it has flow-charts to help you answer problems.
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    (Original post by jacketpotato)
    I have no more than the vaguest knowledge of this particular part of EU law, but it seeks to me that you are barking up the wrong tree. Part A is about when a Member State is permitted to derogate from the free movement of persons under the "public policy" derogation; B is about what counts as a worker; C is about what rights the family of a EU national have.

    This problem question is about the free movement of persons. Its not about the ECHR. The ECHR is only tangentially relevant - you need to focus on the Treaty, not the ECHR. If you are having problems, the book "The Substantive Law of the EU" by Barnard is superb: detailed, but also really clear and it has flow-charts to help you answer problems.
    Thanks Jack
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    I wish people wouldn't paste whole questions in here.
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    (Original post by beepbeeprichie)
    I wish people wouldn't paste whole questions in here.
    Did you seriously revive a 2 year old thread just to say that? :confused: Especially when the OP actually put forward their thoughts on the question and wanted some clarification which is a rarity in itself.

    (Sometimes pasting is better. I asked some questions about equity a while ago and no one could give me a proper answer till I said what happened in the question. I then got the wrong advice because I'd missed out some wording from the question; would have been easier if I'd just pasted the question then highlighted exactly what I was having issues with. Often it's easier to help someone when you have the context)
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    (Original post by gethsemane342)
    Did you seriously revive a 2 year old thread just to say that? :confused: Especially when the OP actually put forward their thoughts on the question and wanted some clarification which is a rarity in itself.

    (Sometimes pasting is better. I asked some questions about equity a while ago and no one could give me a proper answer till I said what happened in the question. I then got the wrong advice because I'd missed out some wording from the question; would have been easier if I'd just pasted the question then highlighted exactly what I was having issues with. Often it's easier to help someone when you have the context)
    That's seriously weird. It was on the first page of this subforum!?
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    Hmm, never got my rep...
 
 
 
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