Assignment for EC LAW

The causes of international labour migration are numerous and complex On a basic level , migration for employment is caused by complementary 'push ' and 'pull ' factors the former is characterized by poor living conditions in the country of origin and the latter by the availability of well-paid work (in relative terms ) in the country of employment . The labour migration process is then facilitated by improving communications , the availability of transportation , and by social or ethnic networks

Council Regulation Number 1612 /68 requires member states to grant the same status to migrant workers that

it grants to the indigenous workers it defines a migrant worker as a citizen of any member country of the European Union who seeks employment in any other member country Further , Article 12 of the EC Treaty makes it mandatory for the member countries to grant facilities similar to those it grants to children of its citizens , to the children of migrant workers (Council Regulation 1612 /68 , 1968 . Article 18 (1 ) of the EC Treaty , confers the right of free movement and residence on every citizen of the union within the territory of the Member States

Part A

Ms Jones after graduation in the year 2005 from X University went on a European tour . During her sojourn she reached Spain , where she applied for the post of an English teacher at a Financial Securities Academy . At the interview she came to know that she was ineligible for this post This was because she was not a Spaniard and this post was categorized as public service and for such posts only Spaniards could be appointed

Accordingly , Ms Jones was denied employment . Article 5 of Title I of the EU Regulation 1612 /68 , however , enjoins upon the State employment offices to render help , analogous to that rendered to their own nationals , to an EU foreigner seeking employment in another EU country Article 1 of the EU Regulation 1612 /68 , states that any national of a Member State , shall , irrespective of her place of residence , has the right to take up any activity as an employed person , and to pursue such activity , within the territory of another Member State in accordance with the provisions laid down by law , regulation or administrative action governing the employment of nationals of that State

Hence , Ms Jones has the right to take up available employment in the territory of another Member State with the same priority as nationals of that State . Article 12 states that a Spanish Work or Residence permit is not only available to any EU worker but also to any family member of the EU worker . The rights regarding the free circulation of workers within the European Union are contained in the EU Regulation . As per the provisions of Title 1 of these regulations , no member country can apply rules or impose unusual conditions in respect of EU foreigners

Article 39 of the EC Treaty , which deals with the freedom of movement of workers within the Community , states that there shall be...