EU LAW

oisindcu

Pierre is a French citizen who has moved to Spain. He has supported himself for the past few months by street busking in Madrid (playing drums in the street for donations of money from the passing public). Two weeks ago, he was approached to become part of a rock band, the Vie Merde. The band plays regular gigs in pubs in Madrid (usually playing for about 15 hours a week). Last week they played at a pub, the Odiamos Ronaldo, owned by Miguel. He was so pleased with how the gig went down, Miguel has said to the band that he would like them to play regularly at his pub from now on. He will phone them each week and let them know what night. Some weeks, if it does not suit Miguel, no gig will take place.

Pierre has been joined in Madrid by his girlfriend, Marie, who is pregnant with Pierre’s child. Marie has made a claim for unemployment benefit and maternity payments. These have been rejected by the Spanish authorities on the grounds that Marie is not a Spanish national and has not been resident in Spain for the 6 months required by Spanish law to claim such benefits. Her claim that she is dependent on Pierre has been rejected on the grounds they are not married.

Pierre has also been joined by his cousin, Albert, who is a Mexican citizen. Last weekend, the immigration authorities arrived with a deportation order for Albert, which states that, as he is not an EU citizen, he cannot remain in Spain. While delivering the order, the authorities found a large stash of cocaine on Pierre’s kitchen table. As a result, the authorities have issued Pierre with a deportation order also, stating that the presence in Spain of any person in possession of drugs is contrary to public policy. Pierre has no idea where the drugs came from, but suspects the stash belongs to Albert.

Advise Pierre, Marie and Albert of their rights under EU Law.

Anyone know where to start with this or of any related cases??

ldxo15wus6fpgm

Go on the Doherty!!

Wolfe Tone

lol... I remember on the first day of ILS we were told "dont use wikipedia, or boards.ie for gods sake!"

oisindcu

he's clearly made his mark on the legal profession !!!:D:D:D any ideas all the same??

ldxo15wus6fpgm

oisindcu wrote: »

he's clearly made his mark on the legal profession !!!:D:D:D any ideas all the same??

Aah can't be telling!
Honestly no, I've read the question a few times and that's it...

oisindcu

same I just dont even know where to start because of the complexities within it!!!

NoQuarter

Mate that question has so many issues and it asks you to advise 3 clients. Do you expect anyone here to type out your answer? Not gonna happen!

Its all under citizenship and the free movement of workers. The issues off the top of my head are whether busking would constitute proper economic activity, there are jobseekers issues, legitimate restrictions on the movement of workers/jobseekers (the 6 month thing) , the finding cocaine means that he can legitimately be deported, there are cases on all these issues in citizenship law!

You have to be a law student to tackle a case like this and you have to know your citizenship and free movement of workers notes well but thats it! Its very doable, its just a bit long! Lazy sh1t.

Answer the question person by person, start with Pierre, find all the issues relating to him and start there!

FreudianSlippers

I'm not sure your lecturer would be happy with you cheating on this assignment... that said, I think the above is in the right direction.