Mark Is A Citizen Of The Union

2015 WordsApr 14, 20159 Pages
Question 1 Mark Reading the facts of the case, we can derive that Mark is of German nationality. Under the Article 4 Directive 2004/38; he would have the right to exit the territory of Member State and travel to another Member State (United Kingdom) . He would also have a right of entry by virtue of Article 5 CD 2004/38 as a citizen of a Member State under the Union. Next, we have to evaluate Mark’s rights a citizen of the union, which is under Article 2(1) Treaty on the Functioning of the European Union (TFEU); ‘…every person holding the nationality of a Member State shall be a citizen of the Union…’ . Since Max is a German citizen, he is a citizen of the Union, which also confers him a right under Article 21(1) TFEU, to move freely and…show more content…
Under Article 49 TFEU, ‘Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and set up and manage undertakings...’ . Therefore, his existing business from another Member State breaking into the market in the UK and establish his business here legally. Alex On the facts, there is no information as to her nationality, so we have to confer rights as a European Union (EU) national and a non-EU national. If she is an EU national like Mark, then, her rights to leave, enter and reside in the UK would be the equivalent as Mark rights as discussed above. If she is a non-EU national her rights will be derived from Mark. There is no information as to her status of relationship to Mark. If Alex is Mark’s spouse, then she rights would be conferred as under Article 2(2)(a) Directive 2004/38 as a ‘family member’ . However, if they are just in a relationship she can gain a right under Article 3(2)(b) Directive 2004/38; ‘the partner with whom the Union citizen has a durable relationship, duly attested…’ which can constitute an entry under Article 5(2) Directive 2004/38 and a right of residence under Article 7(1)(d) Directive 2004/38 . She would have working rights in the UK
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