Web-Companion Essential EU Law in Text: Suggested solutions to the exercises
Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4". To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.Free movement of persons and services – Exercise 2
Suggested solution:
a) The case concerns Ms. Iannidi’s right to enter another Member State under Art. 5 of Directive 2004/38/EC. The rights granted under this directive can be limited under Arts. 27 et seq. of the same directive, where the protection of public health is also mentioned. However, Art. 29 sets limits. If the tuberculosis suffered is contagious, Denmark may indeed use it as a reason to refuse Ms. Iannidi access to its territory.
[Relevant Charts: Chapter 8, in particular Chart 8/42, and Chart 7/23]
b) Family rights are regulated in Directive 2004/38/EC, with the exception of the right of a worker’s children to education and training, which remains covered by Art. 12 of Regulation 492/2011/EU (formerly, this regulation also covered other family rights). If the husband and children of Ms. Iannidi are EU citizens, they have a right to enter Denmark upon showing their passport or an identity card (Art. 5(1) of Directive 2004/38/EC). If they are third-country nationals, they need a passport and, possibly, a visa (Art. 5(1) and (2) of Directive 2004/38/EC). Family members enjoy a right of residence according to the conditions set out in the relevant provisions of the Directive, i.e. Art. 6(1) or (2), as the case may be, for residence up to three months, Art. 7(1)(a) and (d) or (2), as the case may be, for residence of more than three months and Art. 16(1) or (2), as the case may be, for permanent residence.
As for the criterion of having sufficient means, under the present law it only exists in the context of residence for more than three months and in relation to persons who are neither workers nor self-employed nor family members of such persons (Art. 7(1)(b) and (c) of Directive 2004/38/EC). This was different under the secondary legislation that existed before Directive 2004/38/EC. Note: the case law that relates to this previous legislation is no longer relevant in the context of family members of workers or the self-employed, but it might be relevant by analogy in other contexts.
[Relevant Charts: Chart 8/42, and Charts 7/20-7/22]
c) No, it is not. Art. 7(2) of Regulation 492/2011/EU grants migrant workers the right to equal treatment in relation to tax advantages. It is therefore not acceptable to grant a certain tax advantage to the nationals of the Member State in question but not in relation to workers with the nationality of another EU Member State.
[Relevant Charts: Chapter 8, in particular Chart 8/42]
[V.1.2]