EU Law Case Studies

Masters
Case Study
Miscellaneous
Pages 8 (2008 words)
Download 0
The following is the advice for Klaus, Astrid, Heinrich, and Sophie with regards to their status as German nationals living in Spain within the boundaries of EU law relating to the free movement of persons as stated in Article 39EC.1
Klaus, as a car mechanic, when he first came to Spain, only managed to find temporary work for three months at a garage selling petrol…

Introduction


Astrid, Klaus's wife, had every right to apply for a job as an estate agent. The fact that Astrid was discriminated against because she did not pass a Spanish language test in Spain-although she had completed and passed a similar test in Germany-is illegal because member EU states must treat other EU member citizens equally.4
The fact that Klaus did not receive the same company pension entitlement as Spanish nationals who also worked as his company is a blatant form of discrimination against Klaus as a German national living in Spain, again because EU members are supposed to receive the same social benefits of domestic members.5 Another social benefit6 Klaus should have received based on the fact that he is an EU members was his five extra holidays, just as his Spanish national counterparts.7
Similarly, in Astrid's case, she was discriminated against by not being able to receive the same social advantage8 of receiving free banking as her Spanish national counterparts who worked at the bank as well.
Sophie was discriminated against on the basis of nationality9 due to the fact that, at college, only students in her course who had lived in Spain for at least ten years could claim a special financial payment to cover ...
Download paper
Not exactly what you need?

Related papers

Critical analysis of EU law system
In 2001 was accepted the new constituent Treaty, which has received the name the Treaty of Nice and is one of the major founding treaties of the European Union. According to this Treaty, which has come into force in 2003, were made essential changes in institutional structure, to process of formation and functioning of institutes of EU. The Nice Treaty, "once it comes into force, will allow for…
In the light of this comment, consider the legal and political relationship between the EU and NATO
This may outdate the need for NATO as an alliance, rather a straight-forward agreement between North America and the EU as a whole. Therefore the first section will illustrate and examine the security problems and how they cause problems for the EU to fight organized crime and terrorism, asking whether NATO is outdated. The second section will then deal with how the EU combats terrorism amd…
European Union (EU) Law
Through proceedings, ECJ judges became deeply interested to take actions against conflicts creating depression for the transnational actors and other individuals who could claim that their rights under the Treaty of Rome were being violated by existing national law or administrative practice against national legal regimes and those actors, public and private, advantaged by national rules and…
EU Constitutional Law
The frustration with integration theories was due to, first, the scope of the study of integration, second, the participants who were effectively engendering integration and third, the process or mechanism of integration. This approach indicated the importance of certain factors, which had been omitted in the initial assessment. Despite, rejection by the intergovernmental conference, the proposed…
General Principles of Law in the Eu
It has been said that there were two main aspects for achieving a common market; the first being "negative integration" which required removal of existing barriers and the second requiring "harmonization" of rules so as to be in compliance with the set community rules which require positive steps so that the products can move freely within the EU this is known as positive integration1.…
International Business Law: Case Studies
Partnership, another form of business organization, emerged as an improvement over sole-proprietorship. But, still it could not cope up with the growth in economic activities. Moreover, partnership, too, has its limitations. The financial resources are limited to the extent of capital provided by its partners and their borrowing capacity. The managerial skills of partners are also limited. Again…
EU Law Case Studies
Astrid, Klaus's wife, had every right to apply for a job as an estate agent. The fact that Astrid was discriminated against because she did not pass a Spanish language test in Spain-although she had completed and passed a similar test in Germany-is illegal because member EU states must treat other EU member citizens equally.4…