Seminar 8

a) Identify the relevant issues, provisions, free movement of persons, regulation 2004, -general intro, or mini intro for each scenarios, same is for conclusion Maria - Permanent residence or not? - What is her status? Worker or not? - If she has got children? And their rights - If she is entitled to social benefits, grants, living expenses, childcare allowance -she has been living in the Uk for 4 years, falls under provision 7, Because she is not a permanent resident, cuz she has only been here for 4 years, To be a permanent residence, must stay for 5 years, therefore falls under Art 7 If she was a permanent resident, she must prove tht she is economically productive Children: ART 8 & ART 2 ART 2- DEFINED AS DEPENDANT, THE CHILDREN Children; have the right to an education, same as the children of the nationals ( regulation, art 12) Worker? What is a worker? community definition: working under the supervision of someone else, remuneration, and sub-ordination, must be an economic activity, must be a genuine and effective activity Worker has no minimum limit of hours Could she still be regarded as a worker as she hasnt worked for 6 months? Depends whether if she is voluntary or involuntary employed, what vocational training related to a job is she enrolled since she is voluntarily uneplyoed ( provision 7(3)), she must show that she is genuinely looking for a job, or she could be at the end of a fixed term contract therefore has to be registered with a jobshop. Casual nature of the job- might not fulfil the regulations of Art 7(3) She is doing a credit course, see if it is vocational training in relation the her previous job, If it is not, she might be staying in the Uk as a student ( art 7(1)(c)) If she is a student, she must prove that she has sufficient funds/ sources of money, and prove that she has sickness insurance covered. Kids: if she cant stay in the Uk, her kids must go aswell Argue: that she can stay in the Uk because her children have the right to pursue an education in the Uk, if she is the primary carer of the children, then she has the right of residence, teixeira c480/08, case Ibrahim c310/08: court ruled that a national of a member state tht was employed in another member state in which their child is in education can claim the right of residence on the sole basis of Art 12 regulation, without having to meet the conditions of the directive of 2004 ( maria has a right to reside) Court also ruled that the right of residence in the member state...is not conditional on the parent having insurance covered, and sufficient resources not be a burden The court also said tht the right of residence of the primary carer, where the child is in education, is not conditional where one of the parent is a migrant worker, where the time the child started education.

- + go look at the cases!!! - If she was a student, she can apply for living expenses, and childcare. - She could rely on Art 18 TFEU, she could also argue on the basis on the Martin case - If she has retained worker status, then she is more likely to get living expenses under Art
7

LENA Issues: Status as a student Any grounds for the limitations of the free movement rights, under which conditions? Public security...etc Deportation Application of derogation Procedural rights She is a student, art 7(1) (c) Comply with the formalities under art 8 Application of the derogations: para 27(1)- free movement rights can be restricted on the grounds of the public policy, public health, public security What would lena be guilty of in order for the Uk to issue a deportation order? She has to be a serious and genuine threat Art 27(2) para 2 If a measure is taken against her, what must it be based on? 1)personal conduct art 27(2) para 1, van duyn, personal conduct must constitute a threat to public security Genuine, present and sufficiently serious threat Previous criminal convictions: not allowed to base deportation orders purely on previous convictions Deportation order: what must the government do? 1) considerations under art 28- age, health, family and economic situation, ..... If the deportation order is issued, lena will have procedural rights under Art 30-33 What rights: notification of the decision to deport, access to judicial remedies, duration of the exclusion order whereby she must be able to provide a defence to lift the order, you cannot expel someone as a penalty or as a legal consequence of a penalty., time limits to present a defence

Fredrick
Issues: 1) state residence right 2) status 3) status as worker 4) discrimination on the basis of nationality (public service, art 45 para 4) He has been a resident in Uk for 5 months, comes under Art 7, he meets the condition under Art 7, he has been working as a cleaner

Define a worker Could art 45 para 4 TFEU apply in the situation where he couldnt apply for a job in the public service sector Define what is a public service job: you have to exercise public powers Commission v Belgium Commission document 1988 Is the job required to exercise public powers He is required to have an in depth knowledge if the british culture, can it be discriminatory? It could be indirect discrimination Main qn, is tht requirement necessary to carry out the job? Not necessary for a security guard. The conditions imposed are likely to be discriminatory