European Union Law Essay Example | Topics and Well Written Essays - 2000 words - 2

European Union Law - Essay ExampleThe French authorities wish to deliver Derek and his family back to the Britain. Here it will be important to consider the rights of the European Union citizens though forwards doing that it is perhaps important to consider whether the actions complained of by the French authorities are legally objectionable, or other wise to(p). Does Derek or his family collect the right to stay Is their right independent of each others Are Derek and his wife to be considered as workers Naturally, it is the European Court of Justice (the ICJ) that has severally been called upon to apply its wisdom in cases where a party suspects that his rights have been violated, and those instances will no doubt be crucial in gauging the status of Derek and his family. It may be wise to recite the relevant the full provision here in order to be seized of its full implications. thusly Article 39EC of the Nice treaty provides22.. 1. Freedom of lawsuit for workers shall be secu red within the Community.2.. Such independence of movement shall entail the abolition of any discrimination based on nationality between workers of the Member disk operating systems as regards employment, remuneration and other conditions of work and employment.3. It shall entail the right, subject to limitations justified on grounds of creation policy, public security or public health(a)to accept offers of employment in reality do(b) to move freely within the territory of Member States for this utilization(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission.A worker has been defined in the case of Lawrie-Blum V. Land Baden Wurttemberg as a someone who for a time performs services for, or under a direction of another person, and receives remuneration in return.3 The ICJ has had to deal with cases where the rights of a migrant were considered. In the instant case, Hartley thinks that Article 39 on the freedom of movement of migrants is restricted in this aspect. A migrant has the right to cross borders once the offer is made to begin with he leaves his country of origin, and as such(prenominal), such migrant has no right to go to a extremity country to look for work4. This is premised on the fact that the Article 39 (3) (a) talks of accepting offers of employment actually made. Thus I my advice to Derek is that his legal position as a migrant is already tenuous as he went to France to look for work. So unfortunately for Derek and his family, French authorities already have some legal ammunition they can use to deport the head of the family. For, Derek, the reprieve could come from a declaration made by the member s tates and recorded in the minutes meeting way back in 1968 that such migrants who crossed borders into other community member states could be allowed to stay for three months and if they have not been