7. CASE PATTERNS
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))
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?