Eu Law And Legal Aspects Essay

1211 words - 5 pages

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 studying which
also entailed that from VUS’ perspective Mr. N. could not be considered a worker. The national
court relied on Articles 7 (1)(c) and 24 (2) of Directive 2004/38, which could be interpreted in a
way that it would contradict Mr. N.’s claims that he is indeed a worker as well as a student.
Article 7 (1)(c) states that European citizens can attain the right of residence for more than three
months if (they) : “are enrolled at a private or public establishment, …, for the principal purpose
of following a course of study,…”. Supporting this is Article 24 (2), where it is stated that a
Member State is not obliged to give social assistance to a European citizen prior to having a
permanent residence in the Member State.
To summarize, before moving on to the referral of the case for a preliminary ruling, the national
court states that a citizen who moves to another Member State for the sole purpose of studying is
not considered a worker, but a student, therefore is not entitled to student grants from the host
Member State. At this point in time a question asking whether the student grants’ office is
obliged to pay Mr. N.’s student grant was pointed towards the European Court.
The final decision was...

Find Another Essay On EU Law and Legal Aspects

Criminal and Civil Law in the English Legal System

1893 words - 8 pages impact on society itself. For example: a murder, theft or rape. Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more difficult to win a case in the Magistrates court and Crown court than in a civil court as in a magistrates and crown court the evidence has to be proved beyond doubt and in a civil court evidence can be proved on a balance of probabilities

The Legal and Ethical Aspects of Drug Screening in the Workplace

771 words - 3 pages The Legal and Ethical Aspects of Drug Screening in the WorkplaceIntroductionWorkplace drug screening policies in America revolve around the risk management views of corporate accountants and lawyers, and do not consider the individual rights of employees. Risk management can be defined as the process of analyzing exposure to risk and determining how to best handle that exposure ( Since companies are concerned with

Ethical and legal analysis of the Ann Hopkins v. Price Waterhouse discrimination law suit. Focuses on case law and ethics

3145 words - 13 pages to $535,000 plus back pay. Such a powerful organization must be made aware that "the good ole boy" network is just not ethical and that egoism is not appropriate in the workplace.Section 1.01 References:[1] Hishon v. King & Spalding (No. 82-940). Cornell Law Institute. Retrieved May 20, 2006 from[2] FindLaw for legal professionals. (1994).Retrieved May 21, 2006

Critically evaluate the main principles of legal positivism and natural law

3538 words - 14 pages "Enlightenment Naturalism or "The Age of Reason". The theories elucidated that individuals get together to form a social group and make rules, which benefit the majority within that group.More recently the European Convention on Human Rights and Fundamental Freedoms is based on natural law principles. However, this should be contrasted with their use for less than legal purposes. No one can doubt the immorality of the Nazis during the Second World

Law is a gendered institution and how legal judgements reflect the gendered nature of the institution

2053 words - 8 pages This essay analyses the ways that the law is a gendered institution and how legal judgements reflect the gendered nature of the institution. First, I will examine the nature of law. Second, I will examine feminists' perspectives of law in areas such as contracts, torts, lands, criminal, and family laws. Third, I will show that judges are gender-bias in the legal system by examining into several law cases. Then, I will discuss how judges

How legal identity of women in Medieval Europe during the twelfth and thirteen centuries reflect and influence other aspects of their identity.

2124 words - 8 pages The laws of the medieval time period offer a partial answer regarding the legal rights of women. They offer insight of how women may have lived their lives, which were dictated by the law. With a closer analysis, they can also offer clues of how women identified themselves legally and in society. Not much was written about women during this time period, most women were not encouraged to write, nor did they keep personal journals. In result, it

The Australian Legal system, differences in civil law and criminal justice, how can both systems be improved? Justify

1097 words - 4 pages and the type of punishment give out.The Legal system needs major improvement, the Criminal justice system needs to be more effective in deterring potential criminals and stopping repeated offenders. There are also many loopholes and flaws in the legal system. There are also many ridiculous loopholes in the civil law system which has led to a massive increase in people suing individuals/ companies for ridiculous reasons.One way to improve the

Law and Morality. Speaks of the dilemma of making a decision that someone must die in order for the others to survive. Explains and justifies the decision by using legal tools such as Law and Moralit

2117 words - 8 pages the decision made, it will attempt to justify it. This paper proposes to explain and justify the decision by using legal tools such as Law and Morality, the Meta Rule, and The Doctrine of Necessity. The advice provided on how to carry out the unfortunate death of an innocent person may not be a 'right' one, but perhaps it will be legally and morally justified.Law and morality play a large role here, mainly because there is a legal issue and a

Women and the Law: Has the pregnancy of an elderly woman changed the myth of Motherhood in a legal context aswell as social attitudes?

1933 words - 8 pages women's role is always of a lower status of those compared to those of men. Where men have primary responsibility for aspects of childcare , 'mothering' is taken very seriously and given elevated status, which is not the case when women do it.Spain was the first European Country to legislate new reproductive technologies, with the Law on Technologies for Assisted Reproduction, 1988 . In Britain legislation arising out of the Warnock Report, the 1990

How can the division of law-making powers between Commonwealth and states be altered? (Australian Legal System)

1238 words - 5 pages When the founding fathers of our nation came together at the turn of the nineteenth century to establish the law-making capacities of both the federal and state governments, they had a definite vision that the majority of political activity should continue to be performed at state level. However, it is a usual feature of a federal system of government that the balance of law making powers will shift with time and this has definitely been the

Will the UK really gain more sovereignty outside the EU - class - Essay

2627 words - 11 pages holds over national law. Although there is nothing written within the text of the Treaty to present European law supremacy over national law, the case of Costa vs ENEL (1964) established the EU as a new unique legal order, effectively it meant that by signing the Treaty of Rome, Members of the State have agreed to abide by not only with the legislative requirements of the Community, but the supremacy of Community law over any irreconcilable domestic

Similar Essays

Sustainability: Ethics, Legal, And Economic Aspects

1993 words - 8 pages Mexico, and agreed to pay $4.5 billion in government penalties” (para. 1). Sustainability may be a must and may save the organization in the long run. Clearly, BP did not play a role of being an ethical organization. Legal aspects of sustainability Organizational sustainability is roughly serving the requirements of the customers and stakeholders around the world in a socially responsible and economic efficient method (Cavico, & Mujtaba, 2013

The Moral, Legal, And Economical Aspects Of Capital Punishment

1552 words - 6 pages renewed movement for this “eye for an eye” method, citing such arguments as “deterrence” and “victims’ rights.” This movement begs a single question – is there any economical, legal, or statistical support for the ultimate punishment? This article will strive to answer that question by evaluating several key issues (be they supporting or otherwise) concerning capital punishment – the legitimacy of ‘deterrence,’ the legality of capital punishment under

Comparative Law Analysis Between Australian, Germany And China Legal Systems

4297 words - 17 pages Assignment 1 - Haris Mohamed Noorani (0050092042) LAW5504: Comparative Law & Business Total word count = 3499 *(*excluding TOC)1.0 IntroductionComparative law can be described as the systematic study of particular legal traditions and legal rules on a comparative basis. In a comparative law exercise, there must be 'specific comparative reflections on the problem to which the work is devoted', and that this is best done by stating the

Legal Writing And Drafting: Plain English Use In The Law

2614 words - 10 pages little doubt that plain language is successful in removing the linguistic 'bullshit' from legal documents. For the average citizen who is untrained in law, the 'bullshit' contained in its 'invisible discourse' (which is generally only discernible to lawyers trained to comprehend language by looking inside the framework of the common law and statutory law) remains in tact.This paper discusses the extent to which plain language has removed the 'bullshit