What rights do EU migrants ACTUALLY get?

 

There is a "Senior European Experts Group" which is an independent body consisting of former high-ranking British diplomats and civil servants, including several former UK ambassadors to the EU, and former officials of the institutions of the EU. It has published the following briefing note on rights of migrants.

 

"Around 13.6 million EU nationals live in another Member State of whom 6.5 million are known to be in employment (the latter does not include those who are self-employed). In addition, a substantial number of EU nationals work in another Member State but do not live there. Because of this crossborder movement of workers, the EU has social security rules that are designed to protect migrant workers from being disadvantaged by working away from home.

 

The basic principle is one of non-discrimination: migrant workers from another Member State should be treated broadly like other nationals for the purposes of employment, social security, health and other public services. In the absence of any single EU social security system, each country has its own social security and other rules reflecting its particular circumstances, which means in practice that the application of the EU’s principles varies from one Member State to another. EU anti-discrimination provisions benefit the (at least) one million Britons who live elsewhere in the EU and those who are working in another Member State temporarily. It is important to note that the rules refer to migrant workers and their dependants, they do not create unlimited rights to claim benefits or other public services for those not in employment or self-employment."

 

To read more, click here.

The use of EU law

Interesting story in today's Guardian. Apparently the UK is considering using EU Law to "ensure the Spanish government allows the free movement of people across the border with Gibraltar". One to watch. I can't but help note that the desire to opt-out of anything connected with the EU declines when the advantages to the UK are obvious. Hence the pressure to opt out of the European Arrest Warrant - demanded by the Eurosceptics - is being resisted by the Prime Minister and Home Secretary.

I'm currently marking essays on Free Movement (of Goods). It's another area where consumers have seen the advantages of being in the EU. Customs duties and "charges having equivalent effect" on goods imported and exported within the EU are prohibited. (TFEU) Article 30. Of greater practical significance is the prohibition on "Quantitative restrictions...and measures having equivalent effect [MEQRs]" (TFEU Arts 34 & 35). The case law demonstrates the clever wheezes Member States came up with to discourage goods from other Member States coming in and competing with national products.

Bresciani - a case where a charge was imposed for compulsory veterinary and public health inspections carried out on imports of raw cowhides - even when home country inspections had been undertaken and the cost was disproportionate.

Schottle - charges made for freight involving long distance road journeys, but not short journeys (in other words within Germany)

Dassonville - Belgian requirement that all importers of Scotch whisky have a British certificate of authentication. Direct imports to Belgium would generally have these. Imports from (usually a cheaper source) in another country where such certificates are not required could be discouraged.

Schloh v Auto Controle Technique - Test for imported cars (requiring a fee), even when the car had a certificate of conformity with Belgian rules.

Commission v France (21/84) - French authorities consistently refused to approve postal franking machines from other Member States.

Commission v France (C-265/95) - French authorities had failed to police demonstrations where imported goods were seized and destroyed. Cassis de Dijon - ban on sale of alcohol which had "insufficient alcoholic strength", favouring the German version of 'Cassis' but banning the French version.

Cassis de Dijon - ban on sale of alcohol which had “insufficient alcoholic strength”, favouring the German version of ‘Cassis’ but banning the French version.

In each of these cases the European Court held that the ploy was illegal & couldn’t continue. As a result we as consumers have greater choice.

[This article also appears on my new Blog "Positively European". That website, unlike Washminster, is not primarily an educational website. Instead it seeks to provide some balance to the strongly eurosceptic bias within the UK Press. Please feel free to take a look]

Moving and losing?

Thinking of moving to another country?

There are many advantages and disadvantages. It's easy to overlook the fact that you may have to give up your right to vote - to have a say in decision making which affects you in the new home.

For European Union citizens, freedom of movement need not necessarily mean the loss of all rights. You can vote in local elections (Click here for more details) and in European Parliament elections (Click here for more details) in the new country.

But there is no right to vote in national elections.

A campaign is underway to educate EU citizens about their rights - and to campaign for the right to vote in national elections in the place where a person lives. The website is worth visiting - at http://www.letmevote.eu/en/

You can follow 'Le Me Vote' on twitter - https://twitter.com/letmevoteEU

EU Law - not just an academic subject!

In order to gain a "Qualifying Law Degree" in English Law, it is necessary to have a solid grounding in EU Law. Since Britain joined the EEC (now EU)  in 1973 - it has become as much a part of English law as statutes passed at Westminster and as cases decided within English Courts. [see European Communities Act 1973 s2].

There are some excellent textbooks & casebooks available. But the practical details of the law - the rights it gives to European citizens; to persons trading or working in other Member States; can be found in literature available from the EU institutions.  Sometimes these can be a lot more readable than some academic texts.

It can also be useful to consider how the rules make a difference to individuals (a useful approach for lawyers!)

So here's a short list of links:-

Free Movement of Persons

Looking for work abroad
Cross-border Commuting
Retirement - other than in one's country of origin
Free Movement for EU nationals
How to enforce your rights

Free Movement of Goods & Services

Goods
Services

EU citizenship

There's a question and answer publication by ECAS ['50 Q & A about your rights as a citizen of the EU'] available here.
and from the London Office of the European Commission:
What's in it for me: http://ec.europa.eu/unitedkingdom/pdf/the_eu_for_me_web.pdf
Your Europe: Your Rights: http://bookshop.europa.eu/en/the-euro-area-pbKC3112553/