European Law Assessment
Question 2
Mary, a British national, is 33 years old and wishes to settle
permanently in Italy. She has been living in Rome for the past
seven months.
Shortly after her arrival in Rome, Mary struggled in finding a job
and after 2 months, she started to work from her home as a
hairdresser while looking for a more stable job. Eventually Mary
secured a permanent employment as a kitchen assistant in a
restaurant. She worked there for 25 hours a week but she
quickly began to feel very despondent as her income was below
the minimum wage. Soon after, Mary became involved in criminal
activities. She has just been convicted of robbery with violence
and the Italian court is considering ordering her expulsion from
Italy on public policy grounds.
Marco is an Italian national who founded and manages a limited
company that for a fee helps EU nationals to find a job in Rome.
Marco put Mary in contact with the restaurant where she worked
as kitchen assistant. Following her criminal conviction, Marco is
worried of the possible negative consequences for his business.
He has, therefore, decided to move to the UK and to relocate his
business there for a while. He is planning to rent an office in
Cambridge.
The UK's decision to exit the EU has created great uncertainty for
many people across the UK and Europe, including for Mary and
Marco.
Advise Mary and Marco on to the application of EU law on the
free movement of natural and legal persons to each aspect of
this situation.
Introduction
In order to advise Mary and Marco we will look at one of the main aims of the European
Union, which is to facilitate free movement and residence between citizens of its MS
(member states), the relevant legislation and requirements to satisfy in order to have the
right to settle as a migrant worker in another MS. European Court of Justice cases will be
referenced as they are vital in creating Community laws, and necessary in order to
provide with correct legal advice.
Case 1 (Mary)
, European Law Assessment
Mary has been living in Rome for seven months, being employed part-time for the past
two and with an income below the minimum wage. That and her criminal conviction are
the two issues that her right to settlement might be affected by. As she is a British
national she is automatically a Union citizen, but there are other things to consider. 1
Relevant legislation
The free movement of persons is one of the fundamental freedoms of the EU’s
(European Union’s) internal market, defending a “primary and individual right to move
and reside freely within the territory of the Member States” providing they are citizens of a
MS (Member State).2 To quote Schmidt: “the free movement of workers is a cornerstone
of European integration.”3
It is stated in a European Parliament Directive that “Union citizenship should be the
fundamental status of nationals of the Member States when they exercise their right of
free movement and residence”, and means that Mary, as a British national, has the right
to move freely and to settle in any MS as per Art. 45. 4 She has already been living in
Rome for seven months, meaning she has exercised her right of entry to Italy as
jobseeker (Royer) and that she must now satisfy the definition of ‘worker’ as the right of
residence without formalities or conditions is limited to three months as per Art. 6. 5 Under
Levin the definiton is rather broad and includes any part-time work resulting in economic
activity as long as it is “in pursuit of effective and genuine activities.” 6 She easily satisfies
this requirement and is therefore classified as a ‘worker’.
The use of this is limited, however, after a period of three months exclusively to “those
with financial self-reliance, or proof of financial activity.” 7Mary also satisfies this
requirement. So far, she is entitled to these rights as an EU migrant worker. We can now
look at Article 39 EC and argue that the Italian government considering her expulsion is
1
Art. 20 TFEU
2
Directive 2004/38/EC of the European Parliament and of the Council
3
S Schmidt, ‘Free movement and equal treatment in an unequal union’ [2018] 25
(10) Journal of European Public Policy
4
Art. 45 TFEU
5
Art. 6 (1) International Covenant on Economic, Social, and Cultural Rights
6
Case 53/81 D.M. Levin v Staatssecretaris van Justitie [1982] ECR 1982 p 1035
7
Consolidated version of the Treaty on European Union and the Treaty on the
Functioning of the European Union
Question 2
Mary, a British national, is 33 years old and wishes to settle
permanently in Italy. She has been living in Rome for the past
seven months.
Shortly after her arrival in Rome, Mary struggled in finding a job
and after 2 months, she started to work from her home as a
hairdresser while looking for a more stable job. Eventually Mary
secured a permanent employment as a kitchen assistant in a
restaurant. She worked there for 25 hours a week but she
quickly began to feel very despondent as her income was below
the minimum wage. Soon after, Mary became involved in criminal
activities. She has just been convicted of robbery with violence
and the Italian court is considering ordering her expulsion from
Italy on public policy grounds.
Marco is an Italian national who founded and manages a limited
company that for a fee helps EU nationals to find a job in Rome.
Marco put Mary in contact with the restaurant where she worked
as kitchen assistant. Following her criminal conviction, Marco is
worried of the possible negative consequences for his business.
He has, therefore, decided to move to the UK and to relocate his
business there for a while. He is planning to rent an office in
Cambridge.
The UK's decision to exit the EU has created great uncertainty for
many people across the UK and Europe, including for Mary and
Marco.
Advise Mary and Marco on to the application of EU law on the
free movement of natural and legal persons to each aspect of
this situation.
Introduction
In order to advise Mary and Marco we will look at one of the main aims of the European
Union, which is to facilitate free movement and residence between citizens of its MS
(member states), the relevant legislation and requirements to satisfy in order to have the
right to settle as a migrant worker in another MS. European Court of Justice cases will be
referenced as they are vital in creating Community laws, and necessary in order to
provide with correct legal advice.
Case 1 (Mary)
, European Law Assessment
Mary has been living in Rome for seven months, being employed part-time for the past
two and with an income below the minimum wage. That and her criminal conviction are
the two issues that her right to settlement might be affected by. As she is a British
national she is automatically a Union citizen, but there are other things to consider. 1
Relevant legislation
The free movement of persons is one of the fundamental freedoms of the EU’s
(European Union’s) internal market, defending a “primary and individual right to move
and reside freely within the territory of the Member States” providing they are citizens of a
MS (Member State).2 To quote Schmidt: “the free movement of workers is a cornerstone
of European integration.”3
It is stated in a European Parliament Directive that “Union citizenship should be the
fundamental status of nationals of the Member States when they exercise their right of
free movement and residence”, and means that Mary, as a British national, has the right
to move freely and to settle in any MS as per Art. 45. 4 She has already been living in
Rome for seven months, meaning she has exercised her right of entry to Italy as
jobseeker (Royer) and that she must now satisfy the definition of ‘worker’ as the right of
residence without formalities or conditions is limited to three months as per Art. 6. 5 Under
Levin the definiton is rather broad and includes any part-time work resulting in economic
activity as long as it is “in pursuit of effective and genuine activities.” 6 She easily satisfies
this requirement and is therefore classified as a ‘worker’.
The use of this is limited, however, after a period of three months exclusively to “those
with financial self-reliance, or proof of financial activity.” 7Mary also satisfies this
requirement. So far, she is entitled to these rights as an EU migrant worker. We can now
look at Article 39 EC and argue that the Italian government considering her expulsion is
1
Art. 20 TFEU
2
Directive 2004/38/EC of the European Parliament and of the Council
3
S Schmidt, ‘Free movement and equal treatment in an unequal union’ [2018] 25
(10) Journal of European Public Policy
4
Art. 45 TFEU
5
Art. 6 (1) International Covenant on Economic, Social, and Cultural Rights
6
Case 53/81 D.M. Levin v Staatssecretaris van Justitie [1982] ECR 1982 p 1035
7
Consolidated version of the Treaty on European Union and the Treaty on the
Functioning of the European Union
