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European Union Law Assignment Sample

THE RIGHTS OF ROBERT, JULIANA AND ANNA UNDER EUROPEAN UNION LAW-

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Issues discussed-

In the given scenario, Robert De Courtheuse was born in the country of the Peru. His parents were French. He was working as a caretaker in the hospital in the city of Lima in the country of Peru. Robert was having dual nationality that was called as Peruvian- French

[1] nationality. As he plans to visit the country of Europe, and thus decided to visit France, Spain as well as Italy.

After reaching Italy, he decided that he shall not return back to his hometown Peru. And sooner he finds the job at the famous restaurant known as MagnaPizza, near the place called Coliseum. He was also appointed as the deputy manager in the restaurant because he was very passionate as well as committed towards his work. But he has gotten the warning that sooner he must receive the nationality of being an Italian. And this was important because the manager of the famous restaurant known as MagnaPizza, is the ambassador of the Italian food for the tourists who is visiting the city of Roma and hence there is need for the nationality of Italy.

After listening this issue, he tried to find the job of caretaker at the local hospital. But this is the legislation of Italy

[2] that puts restrictions to the twenty percent as the numbers of the foreigners, who are eligible for working in the public service. And due to this issue, the manager of the hospital tells Robert, that there is no possibility for him to get the job at the hospital, but he still appreciates his experience so he would contact Robert in future, if there is any opportunity.

Juliana and Robert are in a relationship, and Juliana is a Mexican girl. They both are having a daughter named Anna, and he is interested to brought both of them to the Italy. But the local council stated him that this was not possible as she is not a citizen from European union

[3]. And also, she would not be allowed to get the job.

According to the local regulation of Roma, they were asked to sign the document which was stating that they would not be having any right to work in the city, and there would be heavy penalty if they do so.

Even Anna, their daughter, who was autistic was allowed to study in the school but was not allowed read in the school of the autistic children because it was reserved for the children who had born in the city.  

Advice from the legal adviser-

According to the treaty on the functioning of the European law that is TFEU

[4], is based on the constitutional

[5] basis of the formation of European union law. According to the European union law, the Non-European union nations must have the right of working in the European union country or they could be treated equally with the European union nationals as regards to the circumstances of the work.  The rights of the Robert are also depending upon the status as the family members who are from the European union nationals, and also on their nationality.  Thus, as it is already given in the scenario, that the parents of Robert were from the French nationality, therefore, he has the option to get the European union nationals.

As Robert is from the country Peru, which is having no agreement with the European union. And the right of working in any European union country mainly is depending upon the laws of the country, unless they are the members

[6] of the family of any European union nationals.

Thus, as it is already given in the scenario, that the parents of Robert were from the French nationality, therefore, he has the option to get the European union nationals.

Hence Robert was also not required to sign any kind of the paper, or any document regarding the same which was aforementioned. He has the opportunity to use the nationals of his parents.

Juliana is Mexican girl, but the same applies to her as, if Robert marries Juliana, and they he will be having an option to bring her that is Juliana to Italy, as his wife that is equals to his family members. And then it will be easier for both of them to get the job.  

With the reference to the case law, Aissatou Diatta v Land Berlin, C-267/83, 13 February 1985, it was held that Article 11 of that regulation states that if the national of any member of the state has been involved in the pursuing of any such activity, either as an employed, or as a self-employed[7] person, who is in the territory of any another state of the member. This also included his or her spouse, and also the children who are below the age of twenty years or might be dependent upon him, should have the right to take up an activity as an employed person, throughout the territory, and even if they are not the nationals of the any of member of state.  As it is considered as the one of numbers of the measures which are intended in the facilitation of the achievement of the various of the objectives of the Article 48, under the treaty on the functioning of the European law that is TFEU. Therefore, it is must that a worker should be enabled so that he could move freely in the territory of the other states of the members and thus, in residing in their territory in order to work there. It was therefore concluded that the members of the worker who is migrant in the family according with the Article 10 and they do not establish a right of residence independently according to the Article 11.

The Article 11 established also says that spouse who is not a national of the member state, and gets married to the member of the national state

[8], and then spouse is allowed to pursue the activity which sets out the employment in the territory of the state which is member.

Therefore, Robert, Juliana And Anna has the right to stay in the Italy and in the city of Roma, with the reference to the case law stated above.  

With the reference to the case law, Belgian State v Fatna Mesbah, C-179/98 11 November 1999, it was held by the court, that it is not permissible for the legislations of the member of the state, that restricts their effects of the grant of the nationality of another state member. It was also done through the imposing of an additional circumstances for the getting of the recognition of that nationality. There should be a view of the exercising of the freedoms which are quite fundamental in the nature. This condition is given in the treaty

[9] like if there is any habitual residence of any such person who is really concerned in the territory of the such state who is member, of which he is national, before his arrival in the hosting state as a member. The conclusion is that there should be rendering of all more important facts which are established from one member state to the another. The court as per this case law has also stated that once the person who is concerned has succeeded in establishing his or her status as the national of such which is the member of European Union

[10], would further be not entitled for challenging the status on such ground that the person who is concerned could also have the possibility of getting the nationality of a country who is not a member, and under which the legislation of the state which is a member and that too hosting

[11] one, could override. However this case study is also followed by the rule of the equal treatment which further laid it down that this is not very exclusively beneficial for the spouse of the worker who is migrant but this also covers the any members of the family that is it covers other relatives of the workers who is migrant.      

Therefore, Robert, Juliana And Anna has the right to stay in the Italy and in the city of Roma, with the reference to the case law stated above.  

And thus, as per in the above case study, Robert De Courtheuse is having a Peruvian-French nationality, and thus some how he belongs to the they are the members of the family of the European union nationals. Hence Robert was also not required to sign any kind of the paper, or any document regarding the same which was aforementioned. He has the opportunity to use the nationals of his parents. Further Juliana must marry

[12] Robert and become his spouse, so that she could personally be able to be the employee for settling in the life. And thus, as their daughter Anna would totally dependency upon Juliana and Robert, and also, she is autistic. So, being an European nationals she is also having the right to be taught in the autistic school of the Italy and get her right of the education.

REFERENCES

Bauböck, R., 2019. Debating European Citizenship. Springer Nature.

Blanchet, T., Chancel, L. and Gethin, A., 2019. How Unequal Is Europe? Evidence from Distributional National Accounts, 1980-2017. WID. world working paper, 6.

Blauberger, M., Heindlmaier, A., Kramer, D., Martinsen, D.S., Sampson Thierry, J., Schenk, A. and Werner, B., 2018. ECJ judges read the morning papers. Explaining the turnaround of European citizenship jurisprudence. Journal of European Public Policy, 25(10), pp.1422-1441.

Bruzelius, C. and Seeleib-Kaiser, M., 2017. European citizenship and social rights. In Handbook of European Social Policy. Edward Elgar Publishing.

Forcada Barona, I., 2020. Brexit and European Citizenship: Welcome Back to International Law.

Gerhards, J., Lengfeld, H., Ignácz, Z.S., Kley, F.K. and Priem, M., 2018. How strong is European solidarity?.

Harpaz, Y., 2019. Compensatory citizenship: dual nationality as a strategy of global upward mobility. Journal of Ethnic and Migration Studies, 45(6), pp.897-916.

Mindus, P., 2017. European citizenship after Brexit: Freedom of movement and rights of residence (p. 123). Springer Nature.

Prak, M., 2018. Citizens without nations: Urban citizenship in Europe and the world, c. 1000–1789. Cambridge University Press.

Prak, M., 2018. Citizens without nations: Urban citizenship in Europe and the world, c. 1000–1789. Cambridge University Press.

Wang, B., Liu, Y., Qian, J. and Parker, S.K., 2021. Achieving effective remote working during the COVID?19 pandemic: A work design perspective. Applied Psychology, 70(1), pp.16-59.

Yanardagoglu, E., 2020. The American Passport in Turkey: national citizenship in the age of transnationalism: by Özlem Olcay-Altan and Evren and Balta, Philadelphia, University of Pennsylvania Press, 2020, X+ 309pp., $59.95 (hardcover), ISBN 978-0-8122-5215.

 



[1] Forcada Barona, I., 2020. Brexit and European Citizenship: Welcome Back to International Law.

[2] Prak, M., 2018. Citizens without nations: Urban citizenship in Europe and the world, c. 1000–1789. Cambridge University Press.

[3] Bruzelius, C. and Seeleib-Kaiser, M., 2017. European citizenship and social rights. In Handbook of European Social Policy. Edward Elgar Publishing.

[4] Mindus, P., 2017. European citizenship after Brexit: Freedom of movement and rights of residence (p. 123). Springer Nature.

[5] Bauböck, R., 2019. Debating European Citizenship. Springer Nature.

[6] Blauberger, M., Heindlmaier, A., Kramer, D., Martinsen, D.S., Sampson Thierry, J., Schenk, A. and Werner, B., 2018. ECJ judges read the morning papers. Explaining the turnaround of European citizenship jurisprudence. Journal of European Public Policy, 25(10), pp.1422-1441.

[7] Wang, B., Liu, Y., Qian, J. and Parker, S.K., 2021. Achieving effective remote working during the COVID?19 pandemic: A work design perspective. Applied Psychology, 70(1), pp.16-59.

[8] Blanchet, T., Chancel, L. and Gethin, A., 2019. How Unequal Is Europe? Evidence from Distributional National Accounts, 1980-2017. WID. world working paper, 6.

[9] Prak, M., 2018. Citizens without nations: Urban citizenship in Europe and the world, c. 1000–1789. Cambridge University Press.

[10] Yanardagoglu, E., 2020. The American Passport in Turkey: national citizenship in the age of transnationalism: by Özlem Olcay-Altan and Evren and Balta, Philadelphia, University of Pennsylvania Press, 2020, X+ 309pp., $59.95 (hardcover), ISBN 978-0-8122-5215.

[11] Harpaz, Y., 2019. Compensatory citizenship: dual nationality as a strategy of global upward mobility. Journal of Ethnic and Migration Studies, 45(6), pp.897-916.

[12] Gerhards, J., Lengfeld, H., Ignácz, Z.S., Kley, F.K. and Priem, M., 2018. How strong is European solidarity?.

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