Friday, May 10, 2019
Contemporary Developments in the EC Law Essay Example | Topics and Well Written Essays - 2750 words
Contemporary Developments in the EC up functionness - Essay ExampleCouncil Regulation Number 1612/68 of the EEC defines a migrant worker as a subject area of any member state of the EU who seeks economic consumption in any some other member state and it enjoins upon the member states to treat the migrant worker on par with the indigenous workers. hold 12 of the EC Treaty enjoins upon the member countries to accord facilities to the children of workers from other member countries, who are or were busy in that member country, similar to those that it does to the children of its own citizens3. Article 18(1) of the EC Treaty, bestows on every citizen of the union the right to free movement and residence within the territory of the Member tell aparts.EC Directive 2004/38 damages Regulation 1612/68 of the EEC to the effect that a citizen of the Union can reside in other Member State for three months with a valid passport or identity card. For subsequent periods, extending to bask etball team years thereafter, such residence is conditional, in as much as that such a somebody must be either a worker, self-employed or have sufficient resources so as not to become a burden on the social security system of the host State and have comprehensive sickness insurance4.Ms Jones after graduation from Sunderland University in 2005 with a championship Degree went on a European tour. While in Spain she applied for a punt as an English teacher at a Financial Securities Academy. However, at the interview she discovered that she was ineligible for this post as she was not a Spanish national and since such posts had been classified as belonging to the unrestricted service, and for which only Spanish nationals could be appointed, resulting in the ineligibility of non-nationals.Ms Jones was denied employment on the grounds that she was not Spanish National. However, Article 5 of Title I of the EU Regulation 1612/68, which has been discussed above, deals with the free circulat ion of workers within the European Union, directs the State employment offices have to render help to an EU foreigner seeking employment in other EU country, which is akin to that rendered to their own nationals. Article 1 of the EU Regulation 1612/68, states that any national of a Member State, shall, irrespective of her place of residence, have the right to take up an activity as an employed person, and to pursue such activity, within the territory of another Member State in pact with the provisions laid down by law, regulation or administrative action governing the employment of nationals of that State. She shall, in particular, have the right to take up available employment in the territory of another Member State with the same priority as nationals of that State5. According to Article 12, a Spanish run or Residence permit, is not only available to any EU worker but withal to any family member of the EU worker. All of these rights regarding the free circulation of workers wi thin the European Union are dress circle out in EU Regulation. Title 1 of these regulations specifically prohibits any member country from applying rules or imposing unusual conditions in respect of employment of EU foreigners. It is also prohibited to force foreigners to evidence with employment offices as a precondition for employment. Further, it is proscribed to raise obstacles in the hiring of EU foreign nationals who do not officially reside in that country. In practice this implies that an EU citizen
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