Advise more clearly on the scenario the following: Whether under the provisions related to free movement of
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Advise more clearly on the scenario the following:
Whether under the provisions related to free movement of persons (FMOP) rights that Noël and his family had the rights to reside in Greece after staying for 3 months or they must leave the country immediately
- Whether paid appearances as a freelance political commentator on Greek television regarding EU affairs constitute to legal employment and entitlement to work under freedom movement of workers (FMOW) for EU citizens (EUC).
- Whether the Greece authorities have a right to deport Noël on the grounds of public policy (advocating for 'Grexit').
- Whether the Greek Court can rule without the Court of Justice of the EU (CJEU) providing interpretation of meaning of 'public policy' under Article 267 TFEU.
Advice should also take into consideration the applicable EU law and regulation:
- Article 18 of TFEU - General principle of non-discrimination. 'Within the scope of application of this Treaty...any discrimination on grounds of nationality shall be prohibited'.
- Article 20 - 'Citizenship of the Union is hereby established and that every national of a Member State (MS) is a Union citizen.
- Article 21 - Union citizens. 'Every citizen of the Union shall have the right to move and reside freely within the territory of the member states... (with limitations)'
- Article 45 (1): principle of free movement for workers.
- Article 45 (2): no discrimination on grounds of nationality.
- Article 45 (3): subject to limitation on grounds of public policy, public security, or public health, free movement entails the right to:
- Accept offers of employment,
- Move freely within the territory of member states for work,
- Stay in member state for the purposes of employment, and
- Remain after employment has been ceased (due to economic gain to the country).
- Directive 2004/38 (Union citizens directive):
- Rights of entry and residence for up to three months (Articles 5-6) - All Union citizens and their family members and non-discrimination (Article 24).
- Rights of entry and residence for more than three months (Article 7) - Union citizens who are: workers, self-employed, persons who have sufficient resources and sickness insurance, students and their family members (Article 2), etc.
Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
Posted Date: