EU law 2018 - hshshshshs PDF

Preview

Summary

hshshshshs...

Description

EU law :- Oct/Nov 2018 The following scenario pertains the issue of free movement of citizens, since Rodriguez works as bullfighter, thus there is no definition of ‘worker’ provided by primary and secondary legislation. A worker covers those engaged in part-time work for less than the minimum wage. In case Levin (1982) ,Mrs Levin was a British national residing in the Netherlands, married to a non-Union national. She had part time employment as chambermaid and earned a wage which was below the minimum consideration of’workers’ in favour of Union concept. In this case the Court provided a contractual interpretation and referred to the objective of the improvement of standard of living and a harmonious development of economic activity. Its seems evident that Spain and Portugal are member of the EU members, therefore, Rodriguez should be allowed to travel Portugal so that he could bullfighting their. However, in order to teach the course in Portugal, Rodriguez must take test of Portugal, likewise Merida (2004) ; a students on course s which require practical experience in another Member-State may regarded as workers. Artcle 45 TFEU, provides workers with the right to reside in the another Member State for the purpose of employment. One of the first case case to reside affirm the right of residence granted in the Jean Noel Royer (1976). In this case Me=r Roger, a French national , had several conviction in France. He joinded his wide in Belgium where she worked, but when entering Belgium, did not comply with the administrative formalities of entry. He was then ordered to leave the country. Where as, in Rodriguez case, it is decided in legislation in Portugal bull are not allowed to be killed as part of entertainment, and if he starts bullfighting he would be prosecuted. In Kaj Umed universitet (2007 ), the Court confirmed that conditions access to vocational

training fall within the scope the Treaty. Mr Lyyski is applying for a teacher training course in Sweden, indicated on his application form that he intended carry out the practical training part of the course in Swedish- speaking school in Finland . However, his application was rejected, because hw was not employed in Sweden. On the other hand Rodriguez, is given clear warning to avoid bullfighting. Therefore , ge should stay in Spain where he is mainly employed, because if moves to other member –state he might lose job....