Saturday, May 11, 2019

European Union business law Essay Example | Topics and Well Written Essays - 3000 words

European Union business law - test ExampleThis forms the centrality of the European Unions rules on the free movement of persons.However, looking at the nature of the creation of the European Union, the laws on the free movement of persons were thought of to be applicable to only persons who travel to other member states to do economic activities like working3. However, in the landmark case of Van Duyn V Home Office4 it was identified that Article 45 of the TFEU had a vertical direct effect and hence, it could be apply by any citizen of the European Union. It also applies to all legal relationships by members of the European Union5.In the employment of sub-section 2 of TFEU Article 45, a worker is a person who performs services of an economic value for and beneath the direction of another(prenominal) in return for remuneration6. Thus, there is a protection under this provision implies that a worker is protected from all kinds of discrimination that might exist in relation to hi s stay and constant provision of services that he provides in another Member invoke.Unemployed citizens of a Member State can enter another Member State in search of a job under Article 45(3). And to this end, a person could be in another Member State for a bonny period of time in The State V Royer7 was defined to be a period of up to six months.Family members of a worker in another Member State are also sceptred by Article 2(2)(c) of Directive 2004/38 to live with their aquiline children under the age of 21 and their dependent spouses who are not working. Article 10 of Regulation 492/2001 provides equal rights to these dependents connected to a person.Article 2 of Regulation 1612/68 which was replaced by Directive 2004/38 guarantees the rights of spouses, registered partners, descendants and ascendants of EU nationals working in another Member State that is not their primary home8. However, they must show that these individuals or persons are their dependents9.From the

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