The Rights Of Free Movement

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Andrzej, a Polish national, came to the UK with his partner Isabela and their two children Katarzyna and Marek. As a polish national Andrej and his family (Article 2 (2) defines “who are family members), as the right to move and reside freely within the territory member of state. Thus, Andrzej rights of free movement are subject to limitation and conditions set out in the treaties subject to member of state Kaczorowska, A (2009). However, it is possible to say that the limitations and conditions mansion by kaczorowska also corresponds with Article 21(1) TFEU “where it states that EU member and their family can move freely between states providing there are engaged in the internal market economic activity or are financially sufficient”.…show more content…
The ECJ held that a trainee teacher who was under the direction and supervision of the school authorities is undergoing a period of service in preparation for her teaching profession during which her provide service and conducting classes and receiving remuneration is regarded as a worker under “Article 39 (1) EC (Article 45 TFEU)” irrespective if her is employed in a public body or private sector. This is further compounded by the fact that Isabela may have the right of access to reserved posts as a civil servant with in the UK if she was working in the civil service in Poland and would be eligible to continue for the duration of their careers provided that there is no break in service. Andrzej a polish national discovered that UK nationals who did the same job as him were paid a higher amount. This can be seen as discrimination, there are two types of discrimination indirect and direct discrimination. Both forms are defined in the secondary law of the European Union. Direct discrimination occurs where one individual is treated less favourably than another is, has been or would be treated in a comparable situation, whereas indirect discrimination occurs when an apparently neutral provision, criterion or practice would put persons protected by the general prohibition of discrimination at a particular disadvantage compared with other persons (Nienartowicz, J M 2014). Andrzej not receiving the same amount of pay due to his national
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