Union Citizenship and the Charter of Fundamental Rights - Free Essay Example

Sample details Pages: 5 Words: 1615 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Human Rights Essay Did you like this example? Discuss the ECJ judgment of 10 October 2013 in Case C-86/12 Alokpa and Moudoulou in the light of the case law on Union citizenship and on the Charter of Fundamental Rights. The case of Alokpa and Moudoulou[1] concerns the right of Union citizens and their family members to move and reside freely within the territory of the Union. The ECJ ruled that Article 21 TFEU and Directive 2004/38 grant Mrs Alokpa and her children a right to continue to reside in the host Member State, as the children are the nationals of another Member State and the parent is the minorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ primary carer. Don’t waste time! Our writers will create an original "Union Citizenship and the Charter of Fundamental Rights" essay for you Create order The Court then determined that if Article 21 did not apply, being forced to leave Luxembourg would not result in an obligation to leave the whole territory of the EU, as the children were French nationals. Mrs Alokpa would therefore have the right to reside in France as the sole caregiver of minors. Thus, the refusal of the Luxembourg authorities did not constitute a deprivation of the genuine enjoyment of the childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Union rights. The Court effectively says that whilst the European citizen minors cannot make use of their Article 20 TFEU right in Luxembourg, they could move to France and make use of it there. The minors would then be in the same position as the siblings in the Zambrano[2] case and that living in the country of their nationality the ECJ would have to protect their Union citizenship rights provided for in the charter, particularly the right to family life. The decision in Zambrano facilitated the acquisition of citizenship rights in what had p reviously been considered à ¢Ã¢â€š ¬Ã‹Å"purely internal situationsà ¢Ã¢â€š ¬Ã¢â€ž ¢, thought to be beyond the scope of Union law. The à ¢Ã¢â€š ¬Ã‹Å"purely internalà ¢Ã¢â€š ¬Ã¢â€ž ¢ rule gives rise to problems of reverse discrimination, where à ¢Ã¢â€š ¬Ã‹Å"staticà ¢Ã¢â€š ¬Ã¢â€ž ¢ EU citizens who have not exercised their right to free movement are at a disadvantage and unable to rely on EU law. It is suggested that Union citizens may be motivated to make use of their free movement rights in order to benefit from the right to family reunification under the conditions laid down in Directive 2004/38.[3] This situation, where movement within the territory of the Union almost becomes a practical obligation instead of a right, inevitably raises the issue of potential abuse of the rights attached to EU citizenship.[4] In the past, the court has tackled the issue of reverse discrimination by loosely finding a link to Union law, such as in Garcia Avello[5] and later in Zhu and Chen.[6] H ere the ECJ explicitly stated that the exercise of the right of free movement is not a prerequisite to the application of Union law on residence and held that a Union citizen with the nationality of one Member State residing in another Member State does present a sufficiently Union-linked situation to invoke Union law regarding the right to free movement and residence. This relates directly to the case of Alokpa and Moudoulou. The subsequent case of McCarthy[7] had the effect of mitigating somewhat the potentially far-reaching implications of the decision in Zambrano. This case called upon the Court to determine whether a European citizen had a right to be issued with a residence card by the member state of which she was a national despite having never exercised her right of free movement. The motivation behind this was to derive a secondary right of residence under Union law for her spouse. The Court sidestepped the issue of family unification and held that as she had an uncondi tional right to reside in her home member state, she was not à ¢Ã¢â€š ¬Ã‹Å"deprived of the genuine enjoymentà ¢Ã¢â€š ¬Ã¢â€ž ¢ of her citizenship rights by the decision to refuse her a residency card. However, Lansbergen and Miller[8] submit that the court did not consider that a decision to deport the spouse would nevertheless deprive the claimant of her right to a family life provided by the charter. By finding that there was no deprivation of genuine enjoyment of the Union citizenship rights, the Court in McCarthy arguably undermines the decision in Zambrano, as the EU citizen children in Zambrano also had an unconditional right to reside in their national state; their à ¢Ã¢â€š ¬Ã‹Å"deprivationà ¢Ã¢â€š ¬Ã¢â€ž ¢ arose not from insufficient protection of their own residency but that of their family member. McCarthy is criticised by Wiesbrock[9] as leaving Union citizens in an unsatisfactory position, where it is increasingly difficult to establish when oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Uni on citizenship rights are protected. AG Sharpston[10] suggests that in order to remedy the issue of reverse discrimination, the right to move should be disconnected from the right to reside. She advised the ECJ to acknowledge the right to residency as a free-standing right for European citizens and to extend the existing case law to situations in which no actual movement has taken place. Moreover, Sharpston considered that even if the Court should fail to accept the right of residence as a freestanding right, infringement of the citizenà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to à ¢Ã¢â€š ¬Ã‹Å"move and resideà ¢Ã¢â€š ¬Ã¢â€ž ¢ within the territory of the Union nevertheless occurs by preventing them from exercising that right in the future. This corresponds with the reasoning in Rottmann[11], where the Court for the first time explicitly departed from the doctrine that a cross-border element is required to trigger the application of EU law. The Court simply observed that the national measure at stake fell à ¢Ã¢â€š ¬Ã…“by reason of its nature and its consequences within the ambit of EU lawà ¢Ã¢â€š ¬Ã‚ [12] which would have in effect have caused the citizen to lose the rights conferred on them by the Treaties. In Dereci,[13] the Court clarified the criteria that should be applied to distinguish between the scope of application of EU law and the areas that remain governed by national law. The court held that Article 20 TFEU applies only to exceptional situations in which the Union citizen has to leave not only the territory of the Member State of which he is a national but the territory of the Union as a whole. In the ECJs view, it will be for the referring court to verify whether the challenged measures respect private and family life guaranteed by Article 7 of the Charter of Fundamental Rights. The Court stressed however, that, in accordance with Article 51 of the Charter, Article 7 should only apply if the situation of the applicants is covered by EU law and thus c annot be used in a purely internal situation. The contrasting outcomes in Zambrano and McCarthy raised the question whether the different status of the Union citizens in both cases (minor children and adult partner) played a role in finding whether or not there was a deprivation of citizenship rights. In Dereci, the Court makes a direct link between the requirement of dependency and the capacity to live independently within the territory of the Union. Therefore, it follows that the Zambrano reasoning only applies when static Union citizens would have no choice but to follow their third-country family members out of the territory of the Union on refusal of a right of residence in the country of which the citizen in question is a national. Considering the previous case law on citizenship and the charter, I must conclude that the decision in Alokpa and Moudoulou is a sound one. It is consistent with the judgement in Dercei, that only a situation, in which refusal of residency to a third-country national family member would result in the European national having to leave the Union territory due to dependency upon that family member, would deprive the EU national of enjoyment of his fundamental Union rights. As Mrs Alokpa and her children would not have to leave the territory of the union as a result of Luxembourgà ¢Ã¢â€š ¬Ã¢â€ž ¢s refusal to grant a residency permit, the children are not deprived of the genuine enjoyment of their citizenship rights. Although it could be argued that the childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Article 21 right to freedom of movement would be impinged by having to leave the territory of Luxembourg, despite the children having not themselves exercised this right, having been born there. The onus is placed on the childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s national member state to provide for their Article 20 Union citizenship rights. Bibliography Stanislas Adam and Peter Van Elsuwege, (2012) Citizenship rights and the federal balance between the European Union and its member states: comment of Dereci European Law Review Anja Lansbergen and Nina Miller (2011). Court of Justice of the European Union European Citizenship Rights in Internal Situations: An Ambiguous Revolution? Decision of 8 March 2011, Case C-34/09 Gerardo Ruiz Zambrano v Office national dà ¢Ã¢â€š ¬Ã¢â€ž ¢emploi (ONEM) European Constitutional Law Review Anja Wiesbrock,(2011) Disentangling the à ¢Ã¢â€š ¬Ã…“Union citizenship puzzleà ¢Ã¢â€š ¬Ã‚ ? The McCarthy case, European Law Review H.van Eijken and S.A. de Vries [2011] A new route into the promised land? Being a European citizen after Ruiz Zambrano, European Law Review C-135/08 Rottmann [2010] C-148/02 Garcia Avello [2003] C-200/02 Zhu and Chen [2004] C-256/11 Dereci and Others [2011] C-434/09 McCarthy [2011] C-34/09 Ruiz Zambrano [2011] C-86/12 Alokpa and Moudoulou [2013] Opinion of Advocate General Sharpston delivered on 30 September 2010 1 [1] C-86/12 Alokpa and Moudoulou [2013] [2] C-34/09 Ruiz Zambrano [2011] [3] Stanislas Adam and Peter Van Elsuwege, (2012) Citizenship rights and the federal balance between the European Union and its member states: comment of Dereci European Law Review [4] Stanislas Adam and Peter Van Elsuwege, (2012) Citizenship rights and the federal balance between the European Union and its member states: comment of Dereci European Law Review [5] C-148/02 Garcia Avello [2003] [6] C-200/02 Zhu and Chen [2004] [7] C-434/09 McCarthy [2011] [8] Anja Lansbergen and Nina Miller (2011). Court of Justice of the European Union European Citizenship Rights in Internal Situations: An Ambiguous Revolution? Decision of 8 March 2011, Case C-34/09 Gerardo Ruiz Zambrano v Office national dà ¢Ã¢â€š ¬Ã¢â€ž ¢emploi (ONEM) European Constitutional Law Review [9] Anja Wiesbrock,(2011) Disentangling the à ¢Ã¢â€š ¬Ã…“Union citizenship puzzleà ¢Ã¢â€š ¬Ã‚ ? The McCarthy case, Europe an Law Review [10] Opinion of Advocate General Sharpston delivered on 30 September 2010 [11] C-135/08 Rottmann [2010] [12] ibid p42 [13] C-256/11 Dereci and Others [2011]

Eating Disorders Anorexia Nervosa - 1462 Words

Many individuals nowadays suffer from many illnesses, one in particular is eating disorders. There are many types of eating disorders, but there are three common ones that are known today, which are anorexia nervosa, bulimia nervosa, and binge-eating disorder. Eating disorders are not healthy, this type of disease can be very fatal and crucial to one s health mentally, physically, and socially. The purpose of this report is to provide background information about eating disorders, strategies to prevent this illness from occurring, and lastly potential cures and treatments that can be attained to an individual if the illness is caught early. Using this information outsiders who are not familiar to this topic can be more aware.†¦show more content†¦There will be numerous times where one can be put down by others when feeling good about themselves. This will usually cause a rough time for that individual which can lead to starvation. Eventually, the anorexic s body will start to deteriorate, his/her self-esteem will diminish, and he or she will begin to remove themselves from social interaction; along with his/hers communication with loved ones and friends will begin to reduce. An individual who is suffering with this disorder may no realize what they are doing to themselves; unless the consequences begin to arise to surface. Some of them are, not eating regularly, skipping meals, and loss of appetite. Family and friends usually come to realization when the anorexic is battling this disorder. One would see physical signs like, exhaustion, loss of hair, bags under their eyes, or increase of exercising, and of course, weight loss. This crucial disease can cause behavioral, physical, cognitive, and psychosocial symptoms for ones health; some examples of these would be binge-eating, dehydration, agitation, compulsion, and of course other medical diagnoses that caused by this (Anorexia Causes and Effects). An anorexic will often deal with major risk factors that can play a powerful role. A few examples of these major risks could be low self esteem, strict dieting, difficulty in expressing feelings, and of course many others (Anorexia Nervosa). The longer an individual battles withShow MoreRelatedEating Disorder : Anorexia Nervosa1622 Words   |  7 Pages Bulimia Nervosa To be diagnosed with eating disorder, someone must meet certain criteria. The criterion for diagnosis slightly varies depending on if you are referring to people who (A) fear gaining weight, and have significant weight loss,(B) eating a huge amount of food , then use laxative to remove the binged food, (C) the use of excessive exercise and fasting in order to remove or to reduce the amount of calories consumed, and (D) distorted body image, no matter how thin they become, theyRead MoreEating Disorder : Anorexia Nervosa1658 Words   |  7 Pagesbeen affected by this disorder. 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I was often teased about how thin and fragileRead MoreEating Disorders : Anorexia Nervosa889 Words   |  4 PagesANAD Eating Disorder Statistics about thirty million people in America of all ages and genders suffer from one of the three main eating disorders. Many people suffer from more than one of the eating disorders. Only 1 in 10 individuals receive the treatment that is needed to recover(AND A). Often eating disorders are known to be triggered by outside factors in their life, but studies show that it is more likely to be a part of their genetics. According to Webster the definition of an â€Å"Eating Disorder†Read MoreAnorexia Nervosa- Eating Disorder1685 Words   |  7 PagesEffects of anorexia are mostly seen on the outside of the victim’s body, but do not be fooled. This detrimental eating disorder affects one’s mind just as much as it would the body. What Anorexia does to the mind is that it distorts the way one views their body. Victims of anorexia become fixated on their body image and overly critical about their flaws and weight. Even being obviously underweight, Anorexics will continuously deny that they have a problem and continue with their fatal practices.Read MoreEating Disorders And Anorexia Nervosa951 Words   |  4 PagesEating disorders are a sickness that can come from psychological issues and it can disrupt the everyday diet. â€Å"A person with an eating disorder may have started out just eating smaller or larger amounts of food, but at some point, the urge to eat less or more spira led out of control.† The common eating disorders are anorexia nervosa and bulimia nervosa. Anorexia nervosa is when someone see’s themselves as an overweight person, so they watch what they eat since, they have a fear of becoming overweight

Analyse on “Broken boat” by John Galsworthy Free Essays

Good time management is essential for coping with the pressures of modern life without experiencing too much stress. If you never have enough time to finish your tasks, better time management will help you regain control of your day. Good time management doesn’t mean you do more work. We will write a custom essay sample on Analyse on â€Å"Broken boat† by John Galsworthy or any similar topic only for you Order Now It means you focus on the tasks that matter and will make a difference. Whether it’s in your job or your lifestyle as a whole, learning how to manage your time effectively will help you feel more relaxed, focused and in control. â€Å"The aim of good time management is to achieve the lifestyle balance you want,† says Emma Donaldson-Feilder, a chartered occupational psychologist. Here are her top tips for better time management: Work out your goals This first step towards improving your time management is to ask yourself some questions. â€Å"Work out who you want to be, your priorities in life, and what you want to achieve in your career or personal life,† says Donaldson-Feilder. â€Å"That is then the guiding principle for how you spend your time and how you manage it.† Once you have worked out the big picture, even if it’s quite general, you can then work out some short-term and medium-term goals. â€Å"Knowing your goals will help you plan better and focus on the things that will help you achieve those goals,† says Donaldson-Feilder. Make a list A common time-management mistake is trying to remember too many details, leading to information overload. A better way to stay organised and take control of your projects and tasks is to use a to-do list to write things down. â€Å"Try it and see what works best for you,† says Donaldson-Feilder. She prefers to keep a single to-do list, to avoid losing track of multiple lists. â€Å"Keeping a list will help you work out your priorities and timings, so it can help you put off the non-urgent tasks.† Work smarter, not harder Good time management at work means doing high-quality work, not high quantity. Donaldson-Feilder advises concentrating not on how busy you are but on results. â€Å"Spending more time on something doesn’t necessarily achieve more,† she says. â€Å"Staying an extra hour at work at the end of the day may not be the most effective way to manage your time.† You may feel resentful about being in the office after hours. You’re also likely to be less productive and frustrated about how little you’re achieving, which will compound your stress. Have a lunch break Many people work through their lunch break to gain an extra hour at work, but Donaldson-Feilder says that can be counter-productive. â€Å"As a general rule, taking at least 30 minutes away from your desk will help you to be more effective in the afternoon,† she says. A break is an opportunity to relax and think of something other than work. â€Å"Go for a walk outdoors or, better still, do some exercise,† says Donaldson-Feilder. â€Å"You’ll come back to your desk re-energised, with a new set of eyes and renewed focus.† Planning your day with a midday break will also help you to break up your work into more manageable chunks. Prioritise important tasks Tasks can be grouped in four categories: urgent and important not urgent but important urgent but not important neither urgent nor important â€Å"When the phone rings, it seems urgent to pick it up but it’s not necessarily  important,† says Donaldson-Feilder. â€Å"It may be more important to continue with what you were doing rather than be distracted by a phone call. When it is appropriate, it may be more effective to let your voicemail pick up the message.† Donaldson-Feilder says people with good time management create time to concentrate on non-urgent, important activities. By so doing, they minimise the chances of activities ever becoming urgent and important. â€Å"The aim is to learn how to become better at reducing the number of urgent and important tasks. Having to deal with too many urgent tasks can be stressful,† says Donaldson-Feilder. Practise the 4 Ds We can spend up to half our working day going through our email inbox, making us tired, frustrated and unproductive. A study has found that one-in-three office workers suffers from email stress. Making a decision the first time you open an email is crucial for effective time management. To manage this burden effectively, Donaldson-Feilder advises practising the 4 Ds of decision-making: Delete: half of the emails you get can probably be deleted immediately. Do: if the email is urgent or can be completed quickly. Delegate: if the email can be better dealt with by someone else. Defer: set aside time at a later date to spend on emails that require longer action. How to cite Analyse on â€Å"Broken boat† by John Galsworthy, Papers