Free Movement Rights Breached

Summary

Arthurs rights under EU law may have been breached in several ways: the rejection of his job application based on Article 45 TFEU may not be valid, the rejection of his bus pass application might be discriminatory, and his deportation for trade union activities could be seen as punishment for exercising his freedom of association. Consult a legal professional for tailored advice.

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Laura is an Italian student studying philosophy at a university in France. She assures the French authorities that she has sufficient resources as well as sickness insurance. In order to support herself, Laura does occasional work in a restaurant. In the course of her studies she becomes very ill, and it turns out that for the last year or so she has not paid her insurance contributions under the private hospital insurance policy she had taken out. As a result, the French authorities refuse to offer her treatment. They claim that, as an Italian citizen, she is not entitled to state-subsidized healthcare, and advise her to return to Italy. Advise Laura.
Based on the EU Directive */*/EC, Laura as an EU student, has the right to reside in another EU member state if she has comprehensive sickness insurance. Non-payment of insurance may affect this:
*. It might be seen as not having sufficient resources, risking becoming a burden on the French social assistance system.
*. Her eligibility for state-subsidised healthcare may be compromised.
Laura should seek legal advice to understand her position better.
Elena is a young Romanian activist, looking for opportunities to influence environmental policy making in Europe. She understands that there will be elections for the European Parliament in *, but she does not know much about it and is unsure whether it is worth getting involved. In particular, she wonders if the European Parliament is only a ‘talking shop’ or if it is capable of making a real difference in promoting change in the European Union. Advise Elena about the role and powers of the European Parliament to help her make her decision.
The European Parliament plays a significant role in the EU legislative process. Key points include:
*. It shares the power to legislate with the Council of the EU.
*. It has a say on the majority of EU laws.
*. It holds the EU Commission accountable.
Involvement in the European Parliament can certainly help Elena make a difference in environmental policy-making.
The free movement of people within the EU is not absolute’. Please provide a critical commentary to this statement by relying on primary and secondary EU law, CJEU jurisprudence, and academic commentary.
The statement is accurate. EU free movement is not absolute and is governed by:
*. Primary EU law, particularly Article * and * TFEU.
*. Secondary EU law, mainly Directive */*/EC.
*. CJEU jurisprudence defines limitations such as public policy, public security, and public health.
Academic commentary also highlights the balance between individual rights and Member States' interests.
Critically discuss how the limits of EU competence to legislate are not only determined by the principle of conferred powers (also called attributed powers) but also by the principles of subsidiarity and proportionality.
The EU's legislative competence is indeed influenced by the principles of conferred powers, subsidiarity, and proportionality:
*. Conferred Powers: The EU can only act within the limits of the competences conferred upon it by the Member States.
*. Subsidiarity: This principle dictates that the EU should only act if the objectives cannot be sufficiently achieved at the national level.
*. Proportionality: EU action should not exceed what is necessary to achieve the objectives of the Treaties.
These principles ensure the balance of power between the EU and its Member States.