The French authorities wish to deport Derek and his family back to the Britain. Here it will be important to consider the rights of the European Union citizens though before doing that it is perhaps important to consider whether the actions complained of by the French authorities are legally objectionable, or otherwise. Does Derek or his family have the right to stay Is their right independent of each other's 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. Thus Article 39EC of the Nice treaty provides;2
2.. 1. Freedom of movement for workers shall be secured within the Community.
2.. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
(a)to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(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 person 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 before he leaves his country of origin, and as such, such migrant has no right to go to a member 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 states 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