A linguistic competence requirement in Welsh may not be discriminatory, and therefore not a breach of the freedom of movement of workers under EU law, as against Marie, if the school where she applied as a PE teacher uses the Welsh language as its medium of teaching.
However, under Regulation (EEC) No 1612/68 issued on October 15 1968 on freedom of movement, which renders inapplicable statutory, administrative and regulatory provisions that have the effect of limiting the employment of nationals of other Member States and are not applicable to its own citizens or even if applicable but has the chief aim of hindering the employment of the nationals of other Member States, linguistic requirements are held exempted. Put differently, a Member State may require workers from other Member States certain linguistic competence if the same “is required by reason of the nature of the post” (Article 3 s) without violating the rule on national discrimination.
If Greta is going to teach music within UK providing music lessons to students eight hours a week, she has the right to enjoy freedom of residence albeit temporarily under the Treaty on the Functioning of the EU as a person providing services of profession. Under Article 56 of the said Treaty on the right of establishment, EU citizens have the right to provide services anywhere within the EU even beyond their respective national borders. Services under the Treaty context may refer to either one of the following: activities of an industrial character; activities of a commercial character; activities of craftsmen, and; activities of the professions (Article 57, Treaty on the Functioning of the EU). Greta may come within the ambit of one giving services involving activities of the music profession.
Costas cannot be rejected on the ground that being a postman is an “employment of public service” because it does not entail an exercise, directly or indirectly, of public power or the protection of the interest of the state.
Under the Treaty on the Functioning of the EU, the freedom of movement of workers from one Member State to other Member States within the EU is not applicable to public service employment. Article 45, s (d) specifically states that ...
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(“LAW2112 European Single Market Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
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(LAW2112 European Single Market Essay Example | Topics and Well Written Essays - 1500 Words)
“LAW2112 European Single Market Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/miscellaneous/405725-law2112-european-single-market.
One of the important characteristics of the market of the European Union (EU) countries is the free movement of goods between economies. This movement has facilitated to develop the internal market of the EU which in turn has encouraged the European businesses to grow and flourish.
It had dwindling rate of economic growth following this period globalization. However, the country intensified in propulsion of relevant aspects that would capacitate it to recover from the economic situation that also affects the balance of payment (Pinder and Usherwood, 2007: 57).
United Kingdom is one of the key members of European Union (EU), a union that draws its members from the independent and sovereign states found in Europe. As such, our operations as a company are under the provisions of the EU laws. The EU has had a number of treaties that outlines its operational policies.
There are four doctrines emanating from the sovereignty of EU Law: (a) EU law takes precedence over all national law, including national constitutions. (b) EU law alone should determine the quality of legal authority of different norms. The Court of Justice should determine when there is a conflict between EU law and national law and what the consequences are of such a conflict.
These questions will cover relevant legislation decisions of the Court of Justice in the UA. Q) As a married employee, my spouse and extended family must accompany me during my temporary assignment, what options do we have? A) 1) Apply for dual citizenship.
Through time, much progress has been realized in the EU given the creation of a single market and the adoption of a single currency across the region. Further, there has been a coordinated conduct of the member counties on international trade negotiations and a sense of a common monetary policy in the region.
10). This was aimed at increasing and providing sustainable jobs and to enhance the economic growth within the member states, provide for one currency between the member states and free movement of citizens within the member states. Even though this program has been successful in achieving effectiveness, it still faces some setbacks since it is inevitable for such a program to experience problems in its definition and its implementation (Pohl & Sorsa, 1992, pp.
(Alexandra, 2007, p.74). It is beyond reasonable doubt that the economic block was not an end to itself, however a way of achieving political and economic goals. Before going deeply into discussing the topic, it is important to describe the ‘common,’ ‘internal,’ and ‘single’ markets that are used nearly synonymously even though they have considerable nuances of meaning.
The Single Market today is an attractive and rather transparent environment for business and that is why during last fifteen years it has increased more than by one third. Owing to the unity of the market, the conditions of life in Western and Central European countries have notably approached.