GDL Law Notes GDL EU Law Notes
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...
The following is a more accessible plain text extract of the PDF sample above, taken from our GDL EU Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Article 7A SEA 1986: aimed for elimination of all border controls – opposition from UK/Ireland
To whom does ‘free movement’ apply?
Directive 2004/38 came into force 2006: right to move to all EU Citizens – workers/self-employ/retired/students
1992: concept of citizenship introduced by Maastricht revision of EC Treaty: A17 – now A20 TFEU
A21(1) TFEU: ‘Every citizen of the Union should have the right to move freely’
Directive 2004/38: shift from economic to social: restricts MS ability to refuse citizenship
Free movement of workers
One of the 4 essential freedoms on the EU internal market – A3(2) TOTEU
A26 TFEU – internal market = area w/o internal frontiers – free movement of goods, persons etc.
A18 –principle of non-discrimination on the basis of nationality
A45 TFEU: Key Provision relating to workers
Key Secondary Legislation
Regulation 492/2011: right of equal treatment, residence and specific rights enjoyed by workers/family – consolidated and replaced by regulation 1612/68 + 2 others
Directive 2004/38: rights of entry/residence – applies to all individuals holding MS nationality
Directive 2005/26 – recognition of professional qualifications – streamlined 15 directives
Definition of a “worker”
Remain longer than 3 months – must show not economic burden (economically active/sufficient resources)
Worker: No definition in EC treaty – CJ – will be defined by national law but given a union meaning
Hoekstra (nee Unger) v Besturr der Bedrifsvereniging – CJ held it had ultimate authority to define worker
An employment relationship: Lawrie-Blum – 3 essential characteristics: trainee teacher fulfilled all 3
Perform services
For and under direction of another, and
In return for remuneration
An effective and genuine activity – excludes marginal contributions – Levin v Staatssecretaris van Justitie : part time
Kempf v Staatssecretaris van Justitie: economic activity cannot be excluded even if insufficient to meet needs
What constitutes economic activity?
Lawrie Blum: providing services – trainee teacher
Walgrave & Koch – pacer in cycling race
Union Royal Belge des Societes de Football Association ASBL v Jean Marc Bosman: professional sports counts
Steymann v Staatssecretaris: member of religious community – plumbing etc. = genuine economic activity
Bettray v Staatsecretaris van Justitie: compulsory drug rehabilitation – work was not genuine economic activity
Job Seekers: A45 only refers to those who have secured work – but CJ has extended this to those seeking work
Procurereur du Roi v Royer: job seekers granted rights of entry/residence for a period before lawful deportation
R v Immigration Tribunal, ex parte Antoissen: CJ held that a person is entitled to remain beyond and period stipulated in national legislation if able to show they are economically active, making a genuine effort to find or work or had realistic prospect of obtaining it
Unlike workers - JS have no entitlement to social benefits pending commencement of work: Antonissen confirmed limitations on benefits for those unable to find work
Regulation 1408/71 and 2001/83 – payment of unemployment benefits for up to 3 months but not after this
Regulation 492/2011: JS not able to claim other benefits available to a person with a job
Collins v Secretary of State for Work and Pensions: right to restrict social benefits granted to host JS
What can workers bring with them? Definition of family members in D2004/38 – A2(2)
Extension to include registered partners and partner’s descendents and ascendants : taking into account Reed – but only a handful of MS recognise registered partnerships – only acquire rights which are granted in home/host
“beneficiaries” under A3: includes members outside A2(2) who are dependants/members of the household/whose health problems require care of such a person or the partner with whom EU citizen has ‘durable relationship, duly attested’
“Dependant” in Jia v Migrationiverket – in need of ‘material support in order to meet their essential needs’
Reed: Cohabitees/un-married partners – A7(2) because Dutch law allowed nationals to live with non-national, non-martial partners
Divorce/Separation
Rights remain unaffected – Diatta v land Berlin – Senegalese national + French spouse in Germany
But contrast with R v Secretary for State, ex parte Sandhu: Indian national married German living in UK – Sandhu no longer a qualifying spouse under EU law
Directive 2004/38 – detailed provisions:
A13(1) divorce/separation won’t affect residence if national of antother MS - won’t be stopped from acquiring residence after 5 years (as long as 7(1) economic independence)
A13(2) third country nationals allowed retention if 4 circumstances – A13(a)-(d) : 1)3 year marriage/partnership 2)agreed/court ordered custody of EU citizens’ children 3) termination due to difficult circumstances 4)court ordered access to a minor in the host state
Rights of entry/residence
Kaczmarek v Secretary of State for Work and Pensions: even lawfully present person can be denied if burden
Workers/families have following rights:
Leave home MS and enter host MS with production of passport/identity card (host state must provide visa)
EU citizens and their families may reside for 3 months without any conditions (A6)
A7: don’t need to obtain permit to stay longer than 3 months – registration with competent authorities
Residence card is not authorization: document recording pre-existing right (Procureur du Roi v Royer)
Watson and Belmann: EU law cannot prevent MS from monitoring number of non-nationals/obligation to report
Chapter IV (A16-18) of Directive 2004/28 – the right to permanent residence – if have resided continuously for 5 years and not subject to conditions in Chapter III: can only be lost through absence of 2 consecutive yr
Rights of a worker once installed in MS
Non-discrimination on the basis of nationality: A18 TFEU prohibits discrimination on basis of nationality
A24(1) of Directive 2003/38:...
Buy the full version of these notes or essay plans and more in our GDL EU Law Notes.
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...
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