European Union Law Essay Example | Topics and Well Written Essays - 2500 words

European Union equity - Essay Example1. Article 45 of the Treaty on the Functioning of the European Union (TEFU). 2. command (EU) No. 492/2011 of 05.04.2011. 3. Regulation (EEC) No 1612/68 4. Council Regulations No 312/76 and 2434/92. 5. Article 38 (1) Directive No 2004/38/EC. 6. Directive 2004/38/EC of 29.04.2004 on the rights of citizens and their family portions 7. Directive No 98/49/EC dt 29.06.1998 in regard to pension rights of workers and self-employed persons indoors the community.1 Article 45 of the TEFU along with secondary legislations and grounds law accord the fundamental rights for the EU citizens such as the right to seek job in another EU member state, right to get employed without a work permit, right to nurse residence therein for the purpose of vocation and right to continue to stay in the member surface atomic number 18a after the employment has ceased and to be eligible for equal give-and-take with nationals of the member state in compliments of employ ment rights, working conditions and other social and tax benefits. These rights may vary for self-employed, students and retired or economically non-active persons. The rights are subject to public security, public policy, health grounds and employment restrictions in the public sector.2 The wording of workers link to free movement in Directive 2004/38/ EC is somewhat misleading since the Directive is aimed at according right of free movement to EU citizens in general though the directive makes a distinction between economically active and non-active citizens. Thus, Directive 2004/38/ EC is applicable to all EU citizens who move to another member state (host state) other than their home state of which they are nationals. Thus, the union citizens give the gate reside in a home state for three months without any formalities other than belongings of a passport or an identity card subject to a more favourable treatment available to job-seekers as per the case law of the European Cour t of Justice 3 viz Levin v Staatssecretaris van Justitie 4 and Brian Francis Collins vs Secretary of State for Work and Pensions 5 However, the terminology of worker is ideally continue in view of special regulations related to work under the directive besides the advantages available to citizens who draw worked or have been self-employed along with their family members in acquiring permanent residence even beforehand the completion of five years of residence in the host state by virtue of military mission Regulation (EEC) No.125/170 of 29.06.1970 which confers right to workers to remain in the territory of a Member State consistent to having been employed in that State and Council Directive 75/34/EEC of 17.12. 1974 conferring rights to citizens in a member state in the capacity of self-employed people. Thus, a worker entitled to free movement within the Union should be a national of one of the EU member states or that of Norway, Iceland and Lichtenstein enjoying certain privil eges. The European Court of Justice has given a wide interpretation of the term worker to include parttime work6, trainees 7and remuneration in kind adding that the person should be carrying out an effective and genuine work as directed by another, to be considered as a worker. Besides, the concept of freedom of movement should not be interpreted in a restrictive manner.8 Further, the ECJ has held that the job-seeking citizens should not be expelled if they show evidence of search of employment and chances of getting jobs. There