European Union Law
Answer 1.
Juanita is a Colombian citizen which is not a member state of European Union (EU). Consequently, she does not have any right on her own status under European Law (EU). However she is married to Roger who is a British citizen. As a British citizen Roger is also citizen of the European Union. Article 20(1) Treaty on the Functioning of the European Union (TFEU). Juanita can claim certain rights under EU law as Roger’s spouse. So, Roger’s status and rights need to be determined.
As a European Union citizen Roger can move to any member states of EU and take up employment. Article 45 of Treaty on the Functioning of the European Union (TFEU) provides, “freedom of movement for workers shall be secured within the Union”. In “Lawrie-Blum” the European Court has laid down three essential characteristics for a European citizen to be recognised as a worker, which are: S/he is providing some type of service, under the direction of another person and in return for remuneration. We can assume from the fact that he is working full time for the University. From the given fact we can say that Roger fulfils these criteria and therefore he is a worker.
Article 7(2) of the Directive 2004/38 provides that worker’s family members, irrespective of their nationality have the right to accompanying or join with the worker in the host country if they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State.
Article 2(2) of the Directive 2004/38 provides that family member includes spouse. In State of the Nederland v Reed it has been decided that ‘spouse’ refers to genuine marital relationships only. It is immaterial where or when the marriage was solemnised.
Article 10 of the Directive 2004/38 provides that, on the application a non EU family member of a Union citizen, the host
Juanita is a Colombian citizen which is not a member state of European Union (EU). Consequently, she does not have any right on her own status under European Law (EU). However she is married to Roger who is a British citizen. As a British citizen Roger is also citizen of the European Union. Article 20(1) Treaty on the Functioning of the European Union (TFEU). Juanita can claim certain rights under EU law as Roger’s spouse. So, Roger’s status and rights need to be determined.
As a European Union citizen Roger can move to any member states of EU and take up employment. Article 45 of Treaty on the Functioning of the European Union (TFEU) provides, “freedom of movement for workers shall be secured within the Union”. In “Lawrie-Blum” the European Court has laid down three essential characteristics for a European citizen to be recognised as a worker, which are: S/he is providing some type of service, under the direction of another person and in return for remuneration. We can assume from the fact that he is working full time for the University. From the given fact we can say that Roger fulfils these criteria and therefore he is a worker.
Article 7(2) of the Directive 2004/38 provides that worker’s family members, irrespective of their nationality have the right to accompanying or join with the worker in the host country if they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State.
Article 2(2) of the Directive 2004/38 provides that family member includes spouse. In State of the Nederland v Reed it has been decided that ‘spouse’ refers to genuine marital relationships only. It is immaterial where or when the marriage was solemnised.
Article 10 of the Directive 2004/38 provides that, on the application a non EU family member of a Union citizen, the host
Bibliography: 3. Kaczorowska, A., European Union Law, 2nd edn (Oxon: Routledge, 2011) 4