EUROPEAN UNION LAW

Answer the followin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing question: Anton and Mirela, who are both Romanian nationals, have recently entered the United Kin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ingdom, hopin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing to get a job. They were accompanied by their two children, Violeta aged 19, and Nicu, aged 16. Anton attempted to claim social security benefits for the family, but was told that, as non-UK nationals, they were not entitled to claim. Anton eventually found work for two days per week as a cleaner, although his pay was below the min" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inimum wage. He also found work with a busin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">iness that produced fake electrical goods that were sold through the in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">internet. Mirela obtain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ined work as a secretary in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in an office. However, she discovered that she was required to work longer hours than her UK colleagues, but did not receive any extra pay for this. Anton and Mirela applied for lower tax benefits for their family. Such benefits could be claimed by UK nationals but Anton and Mirela were told they were not entitled to claim. Nicu had fin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inished school in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in Romania, and now in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the UK he applied for a course to study busin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">iness. He complain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ined when he discovered that he was charged a higher fee than UK nationals who were on the course. Violeta obtain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ined a job as a shop assistant. After a few months she left this job to start a full time degree course at a UK university. She applied for fin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inancial support to undertake her studies, but this was refused. She was told that such support was only available to UK nationals. Anton has recently been found guilty of sellin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing fake electrical goods. He was sent to prison, with a recommendation that he should be deported at the end of his sentence. Mirela was sacked from her office job when the employer discovered she was also workin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing as a prostitute. Nicu has been found guilty of possessin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing illegal drugs and received a suspended prison sentence. Violeta join" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ined an organisation called the Freedom Church, which, although not illegal, is bein" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing watched by the authorities. The UK authorities have now decided the whole family is undesirable and should be deported immediately. Critically discuss and advise Anton, Mirela, Nicu, and Violeta how EU Law relatin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing to the free movement of persons (Art 45 TFEU) can be argued to the above events. SOURCES / READING LIST 1 Stein" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">iner & Woods, "EU Law", 12th Edition, 2014, chapters (check contents). 2 Craig & De Burca,"EC Law: Text,Cases,& Materials",6th edition, 2015 (check content for relevant chapters). 3 Wyatt &Dashwood,"European Community Law",chapters (check contents). 4 Weatherill,S,"Cases and Materials on EU Law", 11th edition 2014, chapters (check contents) 5 A Kaczorowska, “European Union Law”, 1st Edition 2009, Cavendish 6 Green,Hartley and Usher,"The Legal Foundations of the Sin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ingle European Market". 7 Ward "A Critical Introduction to European Law",3rd Edition,2009,Cambridge. RECENT JOURNAL ARTICLES Please note: The followin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing ELR and CMLR journal articles can be accessed from Infolin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inx. Select the E-journal option and type ”European Law Review” or "Common Market Law Review". Journal articles are also available in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in paper format in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the library (Regent Campus Library, Little Tichfield Street). 1 Union citizenship as probationary citizenship: Onuekwere (Common Market Law Review 52: 531–546, 2015). 2 Daniel Thym, “The Elusive LIimits of Solidarity: Residence rights of and Social Benefits for Economically Inactive Union Citizens” (Common Market Law Review 52: 17–50, 2015). 3 Daniel Thym, “When Union citizens turn in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">into illegal migrants: the Dano case” (European Law Review 2015, 40(2), 249-2620 4 Verschueren, H, Preventin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing “Benefit tourism” in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the EU:A Narrow or Broad Interpretation of the possibilities offered by the ECJ in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in DANO? (Common Market Law Review 52: 363–390, 2015). 5 Who funds the mobile student? Sheddin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing some light on the normative assumptions underlyin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing EU free movement law: Commission v. Netherlands Case C-542/09, European Commission v. Kin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ingdom of the Netherlands, Judgment of the Court of Justice (Second Chamber) of 14 June 2012, nyr. (Common Market Law Review 50: 203–216, 2013). 6 Skovgaard-Petersen H, “There and back again" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in: portability of student loans, grants and fee support in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in a free movement perspective” (European.Law Review 2013, 38(6), 783-804) 7 Reynolds S, “Explorin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing the "in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">intrin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">insic connection" between free movement and the genuin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ine enjoyment test: reflections on EU citizenship after Iida” (European Law Review, 2013, 38(3), 376-392) 8 O’Brien c, Case C-310/08 London Borough of Harrow v. Nimco Hassan Ibrahim and Secretary of State for the Home Department, Judgment of the Court (GrandChamber) of 23 February 2010, and Case C-480/08 Maria Teixeirav. London Borough of Lambeth and Secretary of State for the Home Department, Judgment of the Court (Grand Chamber) of 23 February 2010 (Common Market Law Review 48 203–225, 2011) 9 Currie S, “Accelerated justice or a step too far? Residence rights of non-EU family members and the court's rulin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in Metock” (European Law Review2009, 34(2), 310-326) 10 Costello C, “Metock: Free Movement and Normal Family Life in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the Union” (Common Market Law Review 46: 587-662, 2009) 11 O'Leary S, “Equal treatment and EU citizens: A new chapter on cross-border educational mobility and access to student fin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inancial assistance” (European Law Review 2009, 34(4), 61