European Union Law Essay Example | Topics and Well Written Essays - 2500 words

European Union Law - Essay Example1. Article 45 of the Treaty on the mental process of the European Union (TEFU). 2. Regulation (EU) No. 492/2011 of 05.04.2011. 3. Regulation (EEC) No 1612/68 4. Council Regulations No 312/76 and 2434/92. 5. Article 38 (1) directing No 2004/38/EC. 6. Directive 2004/38/EC of 29.04.2004 on the nears of citizens and their family shares 7. Directive No 98/49/EC dt 29.06.1998 in regard to pension rights of workers and self-employed persons within the community.1 Article 45 of the TEFU along with secondary legislations and case law accord the fundamental rights for the EU citizens such as the right to seek job in another EU member state, right to get employed without a work permit, right to have residence therein for the purpose of employment and right to continue to extend in the member country after the employment has ceased and to be eligible for equal treatment with nationals of the member state in respect of employment rights, operative condition s and other social and tax benefits. These rights may vary for self-employed, students and retired or economically non-active persons. The rights are subject to public security, public policy, health grounds and employment restrictions in the public sector.2 The wording of workers related to free movement in Directive 2004/38/ EC is somewhat misleading since the Directive is aimed at according right of free movement to EU citizens in general though the leading makes a distinction between economically active and non-active citizens. Thus, Directive 2004/38/ EC is applicable to all EU citizens who move to another member state (host state) other than their home state of which they are nationals. Thus, the union citizens can reside in a home state for three months without any formalities other than holding of a passport or an identity card subject to a more favourable treatment available to job-seekers as per the case law of the European Court of Justice 3 viz Levin v Staatssecretaris van Justitie 4 and Brian Francis collins vs Secretary of State for Work and Pensions 5 However, the terminology of worker is ideally continued in view of special regulations related to work under the directive besides the advantages available to citizens who have worked or have been self-employed along with their family members in acquiring permanent residence even before the completion of tail fin years of residence in the host state by virtue of Commission Regulation (EEC) No.125/170 of 29.06.1970 which confers right to workers to remain in the territory of a Member State pursuant to having been employed in that State and Council Directive 75/34/EEC of 17.12. 1974 conferring rights to citizens in a member state in the capacity of self-employed people. Thus, a worker entitled to free movement within the Union should be a national of one of the EU member states or that of Norway, Iceland and Lichtenstein enjoying certain privileges. The European Court of Justice has given a wide int erpretation of the term worker to include part-time work6, trainees 7and remuneration in kind adding that the person should be carrying out an effective and genuine work as directed by another, to be considered as a worker. Besides, the concept of granting immunity of movement should not be interpreted in a restrictive manner.8 Further, the ECJ has held that the job-seeking citizens should not be expelled if they show evidence of search of employment and chances of getting jobs. at that place