The structure of this paper will be the following: First the Danish SU case C-46/12 will be described and examined from a legal point of view. The second section will describe the second case of the joint German cases C-523/11 and C-585/11. Lastly the paper will present what rights non-Danes have in order to receive SU and explain which legal basis provides these rights while clearly identifying which institutional, procedural, and substantive laws are in effect. Meanwhile the two different cases will be taken into account to give a comprehensive overview of what legal rights are needed to obtain SU. Danish SU case C-46/12 The case of Mr. N. appealing the decision of Ankenævnet for Uddannelsesstøtten was concerning non-discrimination on grounds of nationality. According to the case files Mr. N. came to Denmark and worked under a full-time contract from June 10th to September. During this time he was considered a worker and was issued a certificate of registration. Before he started his education he applied for SU in August which was rejected based on the fact that he was not considered a worker anymore but a student, even though he had part-time employment. Mr. N. filed a complaint to appeal the decision calling on Article 45 TFEU, with which he argued that he should indeed be considered a worker and that he was entitled to educational support. VUS requested that the regional government clarify whether he can be considered a worker. In the end the reply was that Mr. N.’s status was changed to student after his full-time employment ended on the 10th of September. Later on the case was once again referred, but this time to the national court where VUS claimed that Mr. N. came to Denmark for the sole purpose of... ... middle of paper ... ...to work without any kind of discrimination which is laid down in Article 18 TFEU. Furthermore, the judgment of Case C-45/12 determined that Articles 7 (1)(c) and 24 (2) of Directive 2004/38 are to be interpreted in a way that ensures that if a foreign national comes to Denmark for the purpose of studying but also has effective employment then he/she is to be considered a ‘worker’ as well as a student in accordance with Article 45 TFEU, and thus cannot be denied student grants. The concept of primacy applies in this context which was laid down in Declaration 17 in the Treaty of Lisbon (Effective from 2009 December 1) which states that “…the Treaties and the law adopted by the Union on the basis of the Treaties have primacy over the law of Member States…” which leads to Denmark being obliged to pay student grants to foreign citizens if they meet the criteria.
The worker chose not to accept more assistance to transition into the role by the former occupant working with him.
The European Union has a common “government” called the Parliament. In the background essay it stated, “The role of the parliament is to debate and pass laws, make sure all EU institutions work democratically, and debate, and adopt the EU budget”. This means that the parliament has control over the laws, and controls the European Union budget. In Document B it mentions, “Whatever institution governs the trade of a nation or group of nations whether monarchy, dictator or parliament- essentially rules that nation”. This means that the parliament has control over the European Union. Most of the time countries
To answer this question I will firstly explain how EU law became incorporated within the member states I will then explain the various types of EU legislation's in circulation. This is important to define as the various types of methods will involve different enforcement procedures. Finally I will explain how EU law is enforced and the ways EU law will effect the member state and individual businesses. I will summarise my findings at the end of the essay, this will give details of all the key ideas I have ut across.
early 1990’s. In the year of 1998, the US federal Trade Commission sued him for making
What uncompensated work did the plaintiff claim she performed? What should the district court have done with the statement of another employee that the plaintiff did not engage in work prior to her official start time?
worked seven days a week and up to fourteen hours a day. In London in
60 years after the event and was an office worker at the time. He says
unskilled or semiskilled jobs” (2). This shows that working class schools are created for working
as a form of hired help since he had taken the job to pay for his
Peterson, J. and Shackleton, M. 2002. The institutions of the European Union. Oxford: Oxford University Press.
for answers related to his case, but no one can give him a clear answer as
...ing and Youth Labour Markets: A Cross-National Analysis IN: Blanchflower, D. and Freeman, R.Youth Employment and Joblessness in Advanced Countries. Chicago: University of Chicago Press.
him to attend a university but he could not because he did not have a diploma