Contemporary Developments in the EC Law

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The protection of fundamental rights and expectations, the principles of non - discrimination, proportionality and legal certainty have been recognized as general principles by the ECJ.1 Title III of the EC Treaty, deals with the free movement of persons, services and capital within the Community and article 39 of this title states specifically that workers can move freely within the Community.


Council Regulation Number 1612/68 of the EEC defines a migrant worker as a national of any member state of the EU who seeks employment in any other member state and it enjoins upon the member states to treat the migrant worker on par with the indigenous workers. Article 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 employed 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 States.
EC Directive 2004/38 amends Regulation 1612/68 of the EEC to the effect that a citizen of the Union can reside in another Member State for three months with a valid passport or identity card. For subsequent periods, extending to five years thereafter, such residence is conditional, in as much as that such a person 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 insurance"4.
Ms Jones after graduation from Sunderland University in 2005 with a Business Degree went on a European tour. ...
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