Freedom Of Movement Of Workers - European Law

The prospective employer who turned Valentine down may have discriminated against him on the basis of his sex and nationality. As Valentine is a British citizen, nether hold 17 of the EC Treaty he enjoys machinelike citizenship of the EU, with the salutarys and obligations this brings. One of the rights Valentine enjoys is to be able to move and reside freely between genus Phallus states ( member 18 EC). The purpose of this right is open up in denomination 3(1)(c) EC, which highlights that adept of the activities of the federation is the development of an sexual market, characterised by the abolition, as between member states, of obstacles to the free thrust of goods, persons, services and capital. The free movement of persons is one of the fundamental freedoms which make up to assist the economic goals of the Community. The EC Treaty therefore prohibits laws or practices relating to discrimination against migrant workers on grounds of nationality ( name 12 EC). Article 39 EC hike up grants freedom of movement to workers of constituent States. More detailally, Article 39(2) EC states that there must be no discrimination on grounds of nationality in relative to employment, remuneration and other conditions of work. Valentine is a jobseeker.

Article 39 EC doesnt make specific reference to people want work. However, R v immigration Appeal Tribunal, ex parte Antonissen (case C-292/89) confirms that Article 39 EC does stretch out jobseekers. Van Duyn v ingleside Office (Case 41/74) confirms that the Article 39 has direct effect. looking for now at secondary legislation, economy 1612/68 Article 1 upholds the right to take up employment in the territory! of another Member State. Article 1(2) states that this should be with the resembling priority as nationals of the host Member State. The facts pit that Valentine has germane(predicate) British qualifications to be an art teacher. If the Italian school were specter about his British qualifications, it would be acceptable...If you want to get a full essay, order it on our website: OrderEssay.net

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