Premium Essay

Free Movement of Person

In:

Submitted By lenachee
Words 1608
Pages 7
a) On this part, Arturo would want to argue that he had the right to remain in UK as a worker (Art 45 TFEU). Since Arturo has been in UK in 2009 and Romania joined EU in 2009, he would then fall under Directive 2004/38, which entered into forced on 30 April 2006.
Throughout the time Arturo in UK, he had worked as a rowing trainer for two years (assume started from 2009 -2010) which he had now been taken off and be a part time fitness trainer. By adopting the rule laid by the judge in Case 66/85 Lawrie-Blum, as long as Arturo satisfy the essential characteristic of a worker, namely that he is performed a service for or under the direction of another in return for remuneration during certain period, there is a great possibility that Arturo would fall under the concept of the worker.
The concept of worker had been defined widely. Arturo would still be consider as a worker, irrespective that he received less than the minimum wage (Case 53/81 Levin and Case 139/85 Kempf), or that is was a part time job), or even he received social benefit (the case of Kempf) provided that he had conduct an effective and genuine” work (Case 53/81 Levin). Arturo would also need to consider the case C-10/05 Cynthia Mattern and Hajrudin Cikotic v Ministre du Travail er d, arguing that the his training period by becoming a rowing trainer since 2009 may be regarded as practical preparation directly to his actual pursuit of a professional rower, and should not be consider as a bar of his application of Art 45 TFEU. Following the case of C-196/87 Steymann, the term “remuneration” was not restricted to wages, it can also include pocket money or foods. Hence, by taking into account all the circumstances, it is likely that Arturo would consider as a worker under Art 45 TFEU.
As a worker, Arturo would able to rely on Art 20 TFEU, arguing that he would have the right to reside in UK for the

Similar Documents

Premium Essay

The Matthias Schultze-Kraft Movement

...The article is titled “The point of no return in vetoing self-initiated movements”. There are seven authors and contributors to this article. Matthias Schultze-Kraft (Bernstein Center for and Daniel Birman were the primary contributors to this work. John-Dylan Haynes conceived the study, Matthias Schultze-Kraft, Daniel Birman, Marco Rusconi, Benjamin Blankertz, and John-Dylan Haynes designed the experiment; Matthias Schultze-Kraft and Daniel Birman performed research; Matthias Schultze-Kraft, Daniel Birman, Marco Rusconi, Carsten Allefeld, Kai Görgen, Sven Dähne, Benjamin Blankertz, and John-Dylan Haynes contributed new analytic tools; Matthias Schultze-Kraft and Benjamin Blankertz adapted the BBCI toolbox for this experiment; Matthias Schultze-Kraft...

Words: 916 - Pages: 4

Premium Essay

Causes Ofthe Haitian Revolution

...THE CAUSES AND EFFECT OF THE HAITIAN REVOLUTION The Haitian Revolution represents the most thorough case study of revolutionary change anywhere in the history of the modern world. In ten years of sustained internal and international warfare, a colony populated predominantly by plantation slaves overthrew both its colonial status and its economic system and established a new political state of entirely free individuals—with some ex-slaves constituting the new political authority. As only the second state to declare its independence in the Americas, Haiti had no viable administrative models to follow. The British North Americans who declared their independence in 1776 left slavery intact, and theirs was more a political revolution than a social and economic one. The success of Haiti against all odds made social revolutions a sensitive issue among the leaders of political revolt elsewhere in the Americas during the final years of the eighteenth century and the first decades of the nineteenth century. Yet the genesis of the Haitian Revolution cannot be separated from the wider concomitant events of the later eighteenth-century Atlantic world. Indeed, the period between 1750 and 1850 represented an age of spontaneous, interrelated revolutions, and events in Saint Domingue/Haiti constitute an integral—though often overlooked—part of the history of that larger sphere. These multi-faceted revolutions combined to alter the way individuals and groups saw themselves and their place in...

Words: 4578 - Pages: 19

Premium Essay

Rosa Parks's Role In The Civil Rights Movement

...voice will be used for something powerful. Peaceful resistance to laws positively impact our free society because of our actions. No harm is being done to the other party when ones actions are silent. They might be silent but are powerful by all means. A free society says it all in the name FREE. Free actions, speech and movements. So why wouldn't it be a positive impact. Rosa parks was a civil rights activist during her time and is known for her leadership role in the civil rights movement. In 1955, Rosa parks sat on a bus and there was no more seats left for a white man to sit down, so her row where she was sitting at was commanded to stand up and move to the back of the bus. Four people in the row Rosa Parks was sitting at...

Words: 662 - Pages: 3

Free Essay

Asean 2015

...for Labor Studies and the Department of Labor and Employment. Abstract This paper examines the readiness of Philippines for worker mobility within the region of Association of Southeast Asian Nations (ASEAN). It focuses on the implications of the impending establishment of the ASEAN Economic Community by 2015 as specifically governed by rules and regional commitments on free flow services, mutual recognition of qualifications and skills, movement of natural persons, and movement of skilled labor. 1 I. INTRODUCTION It is 2016 Filipinos can freely move for work anywhere in the nine (9) countries that comprise the Association of Southeast Asian Nations or ASEAN. Indonesians, Malaysians, Singaporeans, Bruneians, Myanmar, Cambodians, Vietnamese, Laotians can also do the same in the Philippines. Just the previous year, in 2015, the ASEAN Economic Community, as envisioned by ASEAN leaders in 2007, formally came to being, ushering in a region with a single market and production base characterized by free flow of goods, free flow of services, free flow of investment, freer flow of capital, and free flow of skilled labor. Like other ASEAN peoples, Filipinos, have now become more mobile across this regional economy. What has just been illustrated is a scene in a future that takes shape in the ASEAN Community established through the Declaration of Bali Concord II (ASEAN Concord II). Agreed upon by ASEAN members in the 12th ASEAN Summit in 2007, ASEAN Community will have been...

Words: 8802 - Pages: 36

Premium Essay

Civil Disobedience Is Good

...oneself. However, being a good person is disobeying unethical laws because they know that it's not the appropriate way to go about certain issues. Civil disobedience is one of the best ways to show your disagreement in a democratic government. Movements such as the Civil Rights Movement or the Flowers v. Guns have shown that if enough people support a cause then there will be change. Some could say current movements aren't as effective but Rome wasn't built in a day. Many of the past movements took years to accomplish the goals of the people. All...

Words: 595 - Pages: 3

Premium Essay

Ummm

...* NAME OF ACTIVITY: Muffin tin and toy balls * DEVELOPMENTAL FOCUS: Physical * APPROPRIATE AGE(S): Toddler * CREATIVE AREA: Creative movement * SOURCE: http://www.artfulparent.com/2013/02/10-creative-activities-for-kids.html * DESCRIPTION OF ACTIVITY: Get muffin tins or cups and but balls in them. Can be plastic, rubber or whatever balls will fit. Kids will have fun dumping them out and let them roll on the ground and putting them back in. * * NAME OF ACTIVITY: Pompoms * DEVELOPMENTAL FOCUS: Physical * APPROPRIATE AGE(S): 5 and up * CREATIVE AREA: Creative health & safety * SOURCE: http://www.artfulparent.com/2013/02/10-creative-activities-for-kids.html * DESCRIPTION OF ACTIVITY: This activity gives kids awareness of their breathing. You blow the pompoms around on the floor. The kids can do races, count how many breaths it takes to get across the room and you can spread them around on the floor and blow them back into a big pile. * * NAME OF ACTIVITY: Jewelry * DEVELOPMENTAL FOCUS: Fine motor skills development * APPROPRIATE AGE(S): 5 and up * CREATIVE AREA: Arts and crafts * SOURCE: http://www.artfulparent.com/2013/02/10-creative-activities-for-kids.html * DESCRIPTION OF ACTIVITY: Get straws or noodles and yarn. Cut up the straws and cut the yarn long enough for a necklace or bracelet. Kids can put the straws or noodles on the yarn and make beautiful jewelry. * * NAME OF ACTIVITY:...

Words: 4985 - Pages: 20

Premium Essay

The Criticism Of Vitoria

...commonwealth, has the power to enact laws which are just and convenient to all men; and these make up the law of nations. From this it follows that those who break the law of nations, whether in peace or in war, are committing moral crimes […]. No kingdom may choose to ignore this law of nations, because it has the sanction of the whole world. The ius communicationis of Vitoria was upheld and developed by Hugo Grotius (1583-1645). Grotius not only endorsed the view of Vitoria, but he also refined and enriched the principle of free movement by delineating its key components: the right to leave one’s own country and the right to remain in a foreign country, as the two sides of the same coin. Hence, while Vitoria set the scene for the free movement of persons under international law, Grotius consolidated and detailed its very...

Words: 862 - Pages: 4

Premium Essay

Slaves to Citizens

... and it ended up putting his own life in danger. With his courageousness, and vision he helped advance the African American community in society. African Americans were used as slaves for much of early American history. Abraham Lincoln’s Emancipation Proclamation finally set them free on January 1, 1863. However, just because they were set free did not mean they were equal. Abraham Lincoln did not agree with the institution of slavery for different reasons than most people. He did not necessarily think they were equal to their white counterparts, but he thought freeing the slaves would help crush the south during the civil. Freeing the slaves in the south would effectively crush their economy and infrastructure. Their society’s base was the hard would of the slaves, and without the hard work of the slaves the society would crumble. White people would have to do the work they only saw fit for an underappreciated slave. Even though freeing the slaves was a war tactic, Lincoln had always been against slaves. His Father was an unskilled worker, and it was almost impossible for him to get a paid job when there were slaves to do the work for free. As stated previously, even though the slaves were free, they were not equal by any means. They could just go on their way, and did not have to work for...

Words: 1384 - Pages: 6

Premium Essay

Protestants and Catholics in America: Historical Tensions and Efforts Toward Religious Unity

...would be a chance for their religion to survive. Among several different groups of people and their religions trying to gain the largest following, many ideas and people collided. This collision began many years of protests, fighting and wars. There was much tension toward many religious groups but there was a strong opposition between Protestants and Catholics. Protestants and Catholics view many beliefs in the same light but there are beliefs that separated these two groups. There were beliefs that separated Protestants from each other, but most of them began their beliefs protesting against Catholicism. Protestants were not developed in America. For Protestants,"Europe was the original scene of operations. The opening event was a movement that today goes by the name of Protestant Reformation."(Nuesner, 1994, p37) Catholic groups have their own reformations but for Protestants this was the beginning of their journey. The Reformation began because there were many leaders who did felt, Catholics were operating in immoral ways. Actually, Protestantism was a branch of western Christianity, the branch that opposed the Pope. Many people were concerned with trying to revise the ways of teaching the Church. Many Protestants shared most of the same belief as most Catholics. Since there were many different divisions of Protestants it is difficult to refer to Protestants as a whole, who agreed or disagreed with Catholics. Therefore, when comparing...

Words: 1679 - Pages: 7

Premium Essay

Prepare Documentation to Select and Recruit New Member of Staff

...EU solidarity The broad concept of EU solidarity is said to be the underlying aspiration of the integration of the people of Europe and is guaranteed by the following freedoms: * Free movement of persons / workers  * Free movement of goods * Free movement of services * Free movements of capital Central to the European Union is the concept of unification of nations with the emphasis representing recognition of the autonomy of individual states. Free Movement of Services & the Internal Market Article 56 of the EC Treaty guarantees companies from any European Union Member State to be able to establish themselves in another European Union Member State and provide services on the territory of another European Union Member State or on that one which they are thus established in. Companies established in one EU Member State are therefore able to provide services in any of the other EU Member States. The internal market is the market within the European Union, a market not based simply on the individual Member States but across all Member States and is achieved through the free movement of services and the free movement of goods throughout the European Union. Benefits of the Internal Market Since the creation of the internal market and in the ten years following the first completion of the first Single Market programme in 1993 the following tangible benefits were recorded: * 2.5 million extra jobs created due to the removal of national barriers ...

Words: 866 - Pages: 4

Premium Essay

Exist

...are. As individuals we all have the freedom to choose our own path and that is what life is all about. Along with the freedom of choice comes the responsibilty of one's actions which can make some people anxious but give others meaning to their lives. To overcome this anxiousness and accept responsibilty is to meet the challenges of life and to truly live it.... [tags: Existentialism, ] 675 words (1.9 pages) $14.95 [preview] Understanding Existentialism - Do we matter. Do we seek personal happiness in life. These are questions from existentialism. The dictionary defines existentialism as an individual’s experience filled with isolation in a hostile universe where a human being attempts to find true self and the meaning of life through free will, choice, and personal responsibility. Hamlet is an existentialist character who believes that he is forced to avenge his father’s death and the hatred builds in his heart because of the many betrayals which direct him towards a senseless life and constant thoughts about suicide; this ultimately leads to his demise and he is left with naught.... [tags: Existentialism] 872 words (2.5 pages) $14.95 [preview] Life Value vs. Existentialism in Grendel - A main theme in John Gardner’s Grendel, is the constant competition of the ideas of meaning in life versus existentialism. Throughout the novel, Grendel makes a steady spiritual decay to the point of denying any value or significance in life itself. He believes the world is nothing more...

Words: 3737 - Pages: 15

Premium Essay

Student

...Community. 5 5. More info 5 V. The main theories about European construction 5 6. European Economic Community (EEC) 1958-1985 6 7. The customs union 6 8. Policy coordination & harmonization 6 9. Common policies: 3 areas. 6 10. Permanent, single institutions are created 7 11. European social policy & investments 7 12. Surveillance of EU policies 7 13. Stagnation and euro-pessimism (1973-1985) 7 14. European leaders stop using The Luxembourg compromise. 7 15. What does it show? 7 16. Single European act 8 VI. Furthering European integration 8 17. Customs union without harmonization of norms & standards 8 VII. Maastricht treaty 8 VIII. The EU 4 freedoms 9 18. Free movement of goods 9 19. Free movement of persons 9 IX. Theory and practice of integration 10 20. Political view and gradual political process 10 21. international political developments push Europeans to reinforce cooperation 10 X. The different stages of economic union 12 XI. Treaty of Nice 12 XII. The council of European Union 12 22. Responsibilities 13 XIII. European parliament 13 XIV. Council of Europe 13 XV. Decision making in the EU 18 XVII. Bibliography 19 European union The main facts about the UE and its citizen What is the European Union? Unique and most-advanced economic and political integration in the world Oldest economic union between sovereign states of different languages & culture Integration...

Words: 4676 - Pages: 19

Premium Essay

Pro Ana Research Paper

...America was founded on the desire for free speech and a hatred of over censorship. People have always found ways to abuse free speech and for that reason there is a term called hate speech. Groups like Westboro Baptist Church use hate speech to spread their message. Hate speech is not easily defined because of the tricky bounds of America’s free speech law. This has helped movements like the Pro-ana movement stay alive and mostly unchecked. With eating disorders plaguing so many people this could be dangerous for any minors on the internet. Hundreds of people die every because of eating disorders and many people develop body issues at very young age. A movement online was started called Pro-ana and in some cases Pro-Mia, referring to eating...

Words: 1839 - Pages: 8

Free Essay

Writing 121 Creative Piece

...their own personal identity to stay under the radar and avoid being labeled a misfit. This leads to the abdication of free will. In Taylor Swift’s recent music video “Shake it Off”, she uses both her lyrics, and images in the video to display to the audience how free will is discarded to obtain collectivism. When initially listening to the song, one first notices the happy and upbeat background music. Background music is often regarded as the most essential piece of a song as it is the biggest contributor in giving the audience their first impression of the song, the message. As explained in Dramas, Fields, and Metaphors: Symbolic Action in Human Society, first impressions are more than just the initial establishment of a person. First impressions create the foundation of one’s characterization of another and are the hardest to forsake in an attempt to change. Taylor Swift incorporates a very fast paced, upbeat background in her song. This generates a very positive and happy impression making the audience think of her as a cheerful buoyant person. Swift’s immediate attempt to make the audience like her is very similar to how people work hard to make others like them. Sometimes, people try so hard that they become someone else. Today, many people conform simply to get others to “like them.” One key example of this is the “Pratfall Effect” where when a person makes a mistake or appears clumsy, they are found to be more likeable. This is because when one makes a mistake,...

Words: 1580 - Pages: 7

Premium Essay

Free Trade Area

...Free Trade Area At the lowest level there is the preferential trade area, this means that the members charge each other lower tariffs than those applicable to non-members; however there is no free movement of goods within the area. A free trade area means that the barriers and quotas to mutual trade are removed. For instance, the members of the North American Free Trade Area (NAFTA), Canada, Mexico and the United States, pledge to do away with the barriers to mutual trade. Unlike a customs union, each member continues to determine its own commercial relations with non-members. Other examples of free trade area are the ones between Mexico and the EU; between Canada and Chile; between the US and Jordan; FREE TRADE AREA This is the preferred option for countries embarking on economic integration and for those unwilling or unable to engage in higher levels of integration. An FTA can be limited to particular sectors, thus retaining a high level of control at the national level and preventing exposure to competition for the other sectors. The authority to decide how third countries are to be treated remains unaffected (independent trade policy) in an FTA. However, rules of origin (ROO) have to be agreed upon among members so as to determine which products can be transferred duty-free. In the case of NAFTA a product has to have been substantially transformed so that a change in tariff classification has occurred, or it must have 50% (62.5% for cars) member-country content...

Words: 1211 - Pages: 5