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Essay / Research Paper Abstract
This 14 page paper looks at two areas of European Law. The first considers the free movement of citizens and workers in the EU, looking at issues such as equal tax treatment, equal employment conditions and the circumstances under which nationals of other states may be refused admission or deported. The second part of the paper considers sex discrimination. This looks at issues such as equal pay and equal value, direct and indirect discrimination, positive discrimination and the failure to recruit due topregancy. The bibliography cites 5 sources.
Page Count:
14 pages (~225 words per page)
File: TS14_TEfreemov.rtf
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Unformatted sample text from the term paper:
look at each individually. Richard has entered Spain, is told he needs to gain a job within six months or will have to leave unless he can prove means
of financial support. He is told he cannot gain a residents permit on only a part time job, is told he is not eligible for a tax discount for his
children that Spanish national get, and has also found out that when he has obtained his full time job he is having to work longer hours that the Spanish employees.
Free movement of labour is guaranteed under Article 39 (ex 48). Richard has exercised this option. The first issue here we can consider is the way that the Spanish
authorities appear to wish to place a judgment on what level of income is deemed sufficient as they are refusing to give him a residency permit even though he is
working. Here the free movement of workers needs to be looked at, as if Richard is a worker id freedom of movement is guaranteed. Therefore, we need to consider
if only working part time will take him out of this classification. The treaty itself makes no final dentin of worker, so we need to look to case law for
this (Weatherill and Beaumont, 2000). The case we can consider here is that of Levin v Staatssecretaris van Justitie Case 53/81 [1982] ECR 1053, 2 CMLR 454. (Lexis, 2004). This
was a similar case. In this instances it was a British National that had gone to the Netherlands. When she applied for a residents permit she was refused as the
authorities argues that they did not believe her income to be sufficient. They used argument that reflected the national criteria on minimum ages and hours. However, this reasoning was not
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