Law Essay Example | Topics and Well Written Essays - 1500 words - 2

Law - Essay Example Eventually, this has led to the member states’ attempts to minimize stemming the burden that unbridled movement of persons place on them. The Regulation EEC 1612/68 has already been applied to more than 2 million EU citizens exercising this right. In 1992, the Treaty of Maastricht created the Community model (amended Treaty of Rome), extended responsibility, and focused more on Community integration by exercising such rules. Originally, members of Community defined it as ‘economic activity’. However, this requirement has been abolished and under the new Directives, the nationals of the EU member’s state are classified as â€Å"Union citizens†1. Needless to say, the free movement of workers is secured2. This directly affects the EU member states by proposing and ratifying laws such as secondary law, Regulation (EEC) 1612/68, and Directives 2004/38. This essay will demonstrate and discuss the significance of Article 45, and potential issues such as (a) right to freedom of movement for job-seeker people; (b) right to freedom of movement after a failed marriage; (c) right to freedom of movement for non-married partners; (d) right to received allowances in another member states. Definition of workers: The definition of a ‘worker’ has a wider meaning as defined by the Community. However, it is not defined by the member of states3. For example, key case Lawrie-Brum4 concluded that a trainee teacher is a worker. It expanded the definition of a worker to a person who â€Å"for a certain period performs services for and under the direction of another person and in return receives remuneration†. This has given a broader interpretation of a worker, for example, if somebody works in a religious community he or she is still considered a worker5. This case law added further categories (i.e part-time chamber pupil6, part-time music teachers7, pacer in cycling race8, Professional footballer9); who were also regarded as worke rs because they engaged in an economic activity. The ECJ did not allow everyone because it restricts some categories under this broad worker definition. This is seen in the case of Bettray10. He claimed to be a worker while on drug rehabilitation programme. However, the ECJ declined to classify him as a worker because he was not engaged in any economic activity. However, scholars have heavily criticized it. 1.1 Job seekers: Article 45 (ex Article 39 TEC) gives the European Union citizens the right of movement from one union member nation to another in search of a job. However, Article 45 (3) subjects those rights to limitations because the state can derogate a person on the basis of the â€Å"public policy, public security, and public health†. Under the UK law, Procureur, 11an individual can be lawfully deported because he or she did not secure work within a limited time. However, the Court of Justice stopped a lawful deportation of an Italian job seeker12 by applying Article 45. Conversely, Aritcle14 (4) (b) of Directives 2007/38 allows citizens to enter into member states to seek for employment if they have genuine chances of getting a job. Nonetheless, the job seekers are not entitled to full benefits. Arguably, Antonissen13 and Collins14 confirmed this where the ECJ declined to give social security benefit because they were unsuccessful in looking for a job. In essence, this illustrates that citizens have the right to enter and reside in host country