European Union Law

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Title: European Union Law: Answer all three questions equally within the word count of 3000 1. Manuel, a Spaniard, is a recent graduate of the University of Barcelona, having gained a degree in Leisure and Tourism. Manuel wishes to undertake post graduate research on English soccer hooliganism and he has applied for a number of jobs in England to help support him while he is undertaking his research. He receives an offer of a job with Torquay Borough Council as a part-time waiter with the Leisure Services Department. Manuel is delighted by this job offer but is disappointed when UK immigration officials inform him that he will be unable to enter and take up this position because a provision of UK local government law requires that posts in local government be filled only by British nationals. Furthermore they inform him that since it only involves six hours’ work at a rate of pay well below subsistence level it would not qualify him for any rights under EC law. Manuel also wished to bring with him his Irish girlfriend Polly who wished to look for work also in the catering industry. Polly has been refused entry into the UK. Cybil, an unemployed waitress from Torquay, was recently made redundant. Disenchanted with the English weather, she decides that she wants to go to live in Barcelona. Cybil arrives in Spain with her elderly, retired husband Basil. At the airport Spanish immigration officials tell Cybil that, under a provision of Spanish immigration law, her husband will have to return to England immediately because he has no work to go to. Cybil herself is refused entry because she has a conviction in England from 1984 for domestic violence. Advise all parties of their rights under Article 39 and its secondary legislation. 2. “The concepts of direct effect, indirect effect and state liability are no more than a creative attempt on the part of the European Court of Justice to ensure that the objectives of the Treaty are not defeated by the wording of Article 249.” Discuss the accuracy of the above statement. 3. The Italian government have recently introduced legislation following a research paper in a French journal which, while unsubstantiated, concludes that “English poultry is perilously infected with Newcastle disease”. Acting on this the Italian legislation proposes: a) A ban on the importing of all live chickens from the UK. b) The imposing of testing of all poultry for Newcastle disease regardless of origin. c) The introduction of a system of licensing for all retail outlets selling imported poultry or poultry products for consumption. d) Criminal sanctions for all distributors of both domestic and imported poultry that sell infected poultry or poultry products. Discuss the legitimacy of the Italian legislation within EU Law Q.1. The Treaty of Rome 1957 (hereafter ‘the EC Treaty’), as amended, provides for the free movement of workers around the Union. This freedom is an essential component of the EU Single Market.

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