7. CASE PATTERNS

IDevice Icon Activity
The student solves case paterns about free movement of workers. The student can use primary and secondary law available at EUR-Lex and case law of the CJEU for solving the case. The student presents his / her solution via the e-learning environment Moodle.

Alison, who is British, wishes to marry Sid, who is a citizen of a non-EU country. Sid has been refused leave to enter the UK. Alison goes to France and registers as an unemployed person seeking work. Alison and Sid are married in France, and make plans to return to the UK.

• Advise Alison, whether Sid is entitled under EU law to enter the UK.

 

Belinda, who is also British, also goes to France seeking employment. The Ministry of Defence refuses her employment as a civil servant because she is not a French national. She reluctantly accepts a job as a part-time hairdresser.

While working as a hairdresser, Belinda meets Trog, who is a citizen of a non-EU country. After a whirlwind romance, they marry. He is unemployed and the French authorities refuse him a training grant payable from public funds on the ground that he is not a national of a Member State. Distressed, he leaves Belinda and rents accommodation in a nearby attic.

• Advise Belinda whether under EU law:

(a) she is entitled to be considered for employment in the French Ministry of Defence;

(b) she is entitled to remain in France;

(c) Trog would be entitled to enter and remain in the UK if Belinda returned home.

 

Belinda has applied for an EU residence permit, but it has not been granted. The French immigration authorities inform Belinda that she must leave France because they have discovered that:

she has tuberculosis;

she was convicted of embezzling £5,000 in England five years ago and imprisoned for 6 months.

• Advise Trog whether, if Belinda remains in France, he is entitled under EU law to:

(a) remain also;

(b) receive the training grant he has been refused.

(Source: Leo Flynn. European Union Law. Module 3. Citizenship and Free Movement of People. Teaching Material (King's College London, 1995/96))

IDevice Icon Guidelines for Solving the Case

1. Please, identify the problem(s)!

2. What does law say about such problem(s)?

3. Do the factual circumstances of the case exactly corrspond to a legal norm?

4. Does the legal norm require total or partial application?

5. How to solve the problem according to the legal norm?