Legal Issues Faced by Andrzej and His Family - Case Study Example

European Law Essay Question Table of Contents Introduction 3 Legal Issues Faced by Andrzej and his Family 4 Remedies for Andrzej and his Family underArticle 45 TFEU 4 Conclusion 7 References 8 Introduction According to the case scenario, Andrzej and his family have moved to the UK from Poland. In the UK, Andrzej and his family have faced challenges due to discrimination. It has been identified that Andrzej has received lower wage than the UK nationals working with him have. In addition, the UK nationals also enjoyed more benefits and holiday than Andrzej. Moreover, the application of family rail card was also denied on the ground that he is a non-UK national. Similarly, Isabela, wife of Andrzej has applied for civil servant job but her application was refused for being a non-UK national. Isabela again applied for a hotel receptionist job, where she was rejected for poor marks in English language and the post was offered to a UK national. Katarzyna, daughter of Andrzej applied for secretarial course at a local college, where she discovered that the college authority has charged her with more fees than other students. It has been also recognised that son of Andrzej named Marek applied for loan and other financial support for continuing his study in a UK University in Scotland. Marek was rejected from the loan, as he is a non-UK national. Accordingly, the UK authorities have planned to terminate Andrzej and his family from UK residence. In this regard, the essay intends to discuss as well as advice Andrzej, Isabela, Katarzyna and Marek about the reasons based on which they are to be terminated and deported from UK. Subsequently, EU law (Article 45 TFEU) relating to free movement of persons in EU member states is taken into consideration for providing remedies to the family. Legal Issues Faced by Andrzej and his Family Andrzej and his family faced different difficult situations owing to the fact that they all are not a permanent holder of British citizenship and they do not have dual citizenship. As per the UK government legislature to become a British citizen, a person has to be a major i.e. 18 years or above. A person has to be a resident in the UK for at least five years or more and for that reason, Andrzej was not provided with the rail card. During those five years, an applicant should not spend more than 450 days outside the UK. Moreover, an applicant has not spent 90 days outside the UK in last 12 months of the five year period. Most importantly, an applicant has not broken any immigration laws during the five year period1. Anderzej and his family members have not pursued any of rules of the UK government, as they did not spend 5 years or more in the UK. In this regard, Andrzej and his family members have not spent more than 90 days outside the UK. As per the UK government, to obtain British citizenship, a person should not have criminal background. Thus, the UK authority has terminated the application of UK residence of Andrzej and his family2;3. Moreover, the UK authority also decided to deport Andrzej and his family from the UK4. To change that decision of the UK authority, Andrzej and his family have to appeal within 3 months’ time to justify their situations and circumstances for which they all have faced such difficulties5. Remedies for Andrzej and his Family under Article 45 TFEU In the EU member states, the legal system of the member states is precedent by the EU law. The EU law is formulated on the basis of treaties along with legislation. Council of the European Union and the European Parliament are responsible for implementing the EU law. Based on the scenario of the case, it can be identified that the EU law ‘The Free Movement of Workers: Article 45 TFEU’ is applicable. Article 45 of the ‘Treaty on the Functioning of the European Union’ (TFEU) is identified to be dealing with labour mobility as well as individual rights in the EU. In this respect, Andrzej and his family come under free movement of persons, as the family shifted to the UK from Poland with the aim of having better opportunities. The aforementioned factor can be ascertained from cases relating to [NV Algemene Transporten Expeditie Onderneming van Gend en Loos v. Nederlandse Administratie der Belastingen] and [Roman Angonese V Cassa Di Risparmio Di Bolzano Spa]6;7. As per the Article 45 TFEU, different provisions are made under the stated law related to freedom of movement, which entails in the abolition of any discrimination based on nationality between workers of the member states in the areas of employment, remuneration and other work and employment’s conditions. Article 45 TFEU is implemented with the intention of abolishing discrimination made on the basis of nationals in the EU member states for workers. Based on the provision, Andrzej and his family members are entitled to have similar rights as well as opportunities in terms of remuneration and employment in the UK without discrimination. In this regard, Isabela can file a petition for not been provided with the job on the ground of non-resident of UK. Similarly, Andrzej can claim for minimum wage or similar wage as paid to other workers in the UK. Moreover, Article 45 TFEU also entails right relating to public policy, public security or public health8, as identified in the cases [Van Duyn v Home Office, Case 41/74] and [Marshall v. Southampton and South West Hampshire AHA, Case 152/84]9;10. Different clauses are enacted under the Article 45 TFEU for the benefits of the workers in the EU member states11. The workers are also able to move freely within member states for employment. In this context, workers moving to a member state for the purpose of employment in accordance with the provisions of employment of that country laid down by law, regulation or administrative action. In addition, to remain in the territory of a member state after been employed in that country is subjected to conditions that should be embodied in regulations to be drawn up by the European Commission as well12. Thus, it can be suggested that Andrzej as an employee of a non-governmental organization, he can freely move within the territory of the UK and reside in the UK as a UK citizen. In a similar manner, Isabela was also in search of employment and accordingly, based on the Article 45 TFEU she has the right to reside as a UK citizen. Katarzyna, the daughter of Andrzej can stay with her parents, as she is 16 and considered as minor. As per the UK government rules, mirror are liable to reside with parents without citizenship. In this regards, Katarzyna can continue her study in a college in the UK with same college fees13. As per the governmental rules, Marek can have loan and other financial support from banks in the UK for continuing his studies, as under the EU law, the citizens of the EU are offered with certain citizens’ rights. Based on these rights, citizens of the EU are able to study in any member states with equality as identified from the case [Gerardo Ruiz Zambrano v. Office national de l’emploi (ONEM)]14. In the case of offence in the march, Marek is entitled to be legally treated on the basis of the EU law, which is the precedence law in all the member states. Respectively, based on Article 45 TFEU, Andrzej and his family are entitled with the right to be treated equally in the UK in terms of employment, remuneration and individual rights15. Conclusion Based on the above analysis, it can be identified that government of different countries formulate legal policies for the betterment of a society. Every law have different clauses with the aim of maintaining law and order for better governance. In this regard, in the EU, different member states are identified to have different laws and policies for the development of a better society. In addition, the EU law is implemented as a common law in precedence to individual member states’ law for maintaining equality in the member states. Subsequently, the challenges faced by Andrzej and his family in terms of discrimination will be mitigated under Article 45 TFEU. Article 45 TFEU provides certain rights for movement in other member states in terms of employment, remuneration and individual rights. In this respect, workers moving in the member states are protected through Article 45 TFEU from discrimination in terms of employment and remuneration in member states. 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