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Lars is from Belgian and who have been redundant. After receiving his money for being redundant, he wanted to visit Portugal so that he could spend some time and re-evaluate his future. When he enters the country of Portugal, he was asked by the official local authorities about intentions and what shall be his supporters and if he is having the current provisions of the insurance. And he was subsequently allowed to make an entry. He also finds the room in the guest house for the rent.
But afterwards, he was joined by his sister Marthe and his cousin Romeo. Romeo was living in the country of Turkey before entering Portugal. Although Romeo has never worked before, he made an application for the social security benefit as a family member of Lars, and this was refused by the local authority.
Lars wished to live in Portugal, but within three months, his money has run out, and thus he had applied for the benefit of housing as well as for benefit under social security, which would enable them for living and for look for somewhere to live permanently like a house of their own. But both these applications for the benefits were refused in Portugal.
Marthe is only sixteen years old, and she is having some disabilities regarding education and her physical disabilities also. She would like to be placed in a school where such special needs students are served, and she applies for the school. For supporting the application for special needs school for Marthe, Lars also makes an application for the allowance regarding contributory education. But this was also refused by the authority.[1] Working under the local education department.
Now three of them that is Lars, Marthe, and Romeo, are left with no money, and they have nowhere to reside; they decide for appealing on the grounds of discrimination. It will be based on the difference made in the treatment between the local nationals and themselves, that is, Lars, Marthe, and Romeo. The local authority has refused their application.[2] on the basis that they would be a burden on the country, and they also wished that they should deport, which is contrary to public policy.
Advice from the legal advisor to Lars, Marthe, and Romeo
RULE OF THE LAW
When the functioning treaty is based upon the European Law assignment that is also known as TFEU, the law based on TFEU is based on the constitution, which is based on the law of the European Union. According to the law stated under European Union, all the countries which are not categorized as the European nations still would have the right to work in any country which is a European Union nation, and they must be treated equally when compared with the European Union as regards to the situations of the work.
As a citizen of the European Union, any resident has the right that he could move to any European country either for living or for studying or looking for a job, or getting some retirement. They could stay[3] in any other European country for three months without any kind of registration in the other European Union nations, but then the citizen might need to report their presence to the local authority. The only requirement is that they must be holding some valid identification card at the national level or a passport.
As it is well known that Portugal is one of the easiest citizenships under European National that one could get in the European Union[4]. The program held by the authority of national Portugal is very much generous as it has been allowing citizenship after only five years without the requirement of living in the country where one is required for visiting for two weeks in one year, and they would also give a visa-free travelling allowance to about one hundred and sixty countries. Article 11 of that regulation TFEU[5] has been stating that if the national of any member of the state of the European Union could be involved in the territory of any another state of the member of the European Union. This regulation would also include their spouse and also the dependants like children who are below the age of twenty years or could also be dependent upon them.
ANALYSIS OF THE CASE
As Lars is having a Belgian national, and it should be known that Belgium is the headquarter of the European Union as well as NATO. Thus, Lars is already a citizen of the European Union, and as a citizen of the European Union, it can be concluded that Lars has a right that he could move from one European country to another European union nation either for living as well as working, or studying[6], looking for a job or to get some retirement. And Lars could stay in any other European country, that is, Portugal, for three months without any kind of registration in the other European Union nations, but then the citizen might need to report their presence to the local authority. The only requirement is that they must hold some valid identification card at the national level or a passport. He has applied for the benefit of housing as well as for benefit under the social security, which would enable them for living and for looking for somewhere to live permanently like a house of their own. And if their documentation were supposed to be in the prescribed manner, then Lars must have appealed, and he would get the benefit of housing. And also, that Lars could not be forced by the local authority of Portugal to return to Belgium for the reason that they do not have any identification card. Thus, this point of the local authority that they have refused their application on the basis that they would be a burden on the country and they also wished that they should deport which is contrary to the public policy[7] and also not valid and applicable here.
As it is given in the case study that Romeo was living in the country of Turkey, and the country Turkey has become a member that is an associate member of the EEC that is European Economic community in the year 1963, and the country Turkey also had joined the European Union Customs Union in the year 1995, and they have started a negotiation[8] with the European Union in the year 2005. Thus, the same rule which applies to Lars would apply to Romeo, and also it could be applied that Romeo is a family member of Lars, so he also must have the right to live with Lars in the country Portugal.
When the case law that is Belgian State v Fatna Mesbah, C-179/98 11 November 1999, is concerned, it was given a judgment by the court of law that it has been regarded as per the rules of the member of the state under a European union, that they could not put restrictions on the effects of granting the nationality to another member of state in a European national. This was done by imposing some additional situations[9] so that they could recognize that European union national. These circumstances are mentioned under the treaty for the permanent residence of any individual who has been concerning in the territory of the member of the state, of which the applicant[10] is national before he arrives in the state which is hosting state as a member. Hereby it can be concluded from the given case law if the individual who is concerned has succeeded in making the establishment of their status the national of the member of the state of a European Union. And thus they would not be entitled to any kind of challenge in their status as the resident on such ground that the concerned individual possibly could have the nationality[11]. However, this concerned case law is also about the rule of the equal level of treatment with the nationals of the European Union.
And as the sister of Lars, that is Marthe and only sixteen years’ old who would dependent upon Lars, and also, she is having various physical disabilities and also having some disabilities regarding education. So, being a European national she is also having the right to be taught in the autistic school of Portugal and get her right to the education.
Article 11 includes their spouse, and also the dependants[12] like children who are below the age of twenty years or could also be dependent upon them. She would like to be placed in a school where such special needs students are served, and she applies for the school. For supporting the application for special needs[13] school for Marthe, Lars also makes an application for the allowance regarding contributory education. But this was also refused by the authority working under the local education department.
CONCLUSION
It can be concluded that all three of them that is Lars, Marthe, and Romeo, need to be given the applicable allowance and benefits by the local authority of Portugal.
References
Bauböck, R., 2019. Debating European Citizenship. Springer Nature.
Blanchet, T., Chancel, L. and Gethin, A., 2019. How Unequal Is Europe? Evidence from Distributional National Accounts, 1980-2017. WID. world working paper, 6.
Blauberger, M., Heindlmaier, A., Kramer, D., Martinsen, D.S., Sampson Thierry, J., Schenk, A. and Werner, B., 2018. ECJ judges read the morning papers. Explaining the turnaround of European citizenship jurisprudence. Journal of European Public Policy, 25(10), pp.1422-1441.
Bruzelius, C. and Seeleib-Kaiser, M., 2017. European citizenship and social rights. In Handbook of European Social Policy. Edward Elgar Publishing.
Forcada Barona, I., 2020. Brexit and European Citizenship: Welcome Back to International Law.
Gerhards, J., Lengfeld, H., Ignácz, Z.S., Kley, F.K. and Priem, M., 2018. How strong is European solidarity?.
Harpaz, Y., 2019. Compensatory citizenship: dual nationality as a strategy of global upward mobility. Journal of Ethnic and Migration Studies, 45(6), pp.897-916.
Mindus, P., 2017. European citizenship after Brexit: Freedom of movement and rights of residence (p. 123). Springer Nature.
Prak, M., 2018. Citizens without nations: Urban citizenship in Europe and the world, c. 1000–1789. Cambridge University Press.
Wang, B., Liu, Y., Qian, J. and Parker, S.K., 2021. Achieving effective remote working during the COVID?19 pandemic: A work design perspective. Applied Psychology, 70(1), pp.16-59.
Yanardagoglu, E., 2020. The American Passport in Turkey: national citizenship in the age of transnationalism: by Özlem Olcay-Altan and Evren and Balta, Philadelphia, University of Pennsylvania Press, 2020, X+ 309pp., $59.95 (hardcover), ISBN 978-0-8122-5215.
[1] Prak, M., 2018. Citizens without nations: Urban Citizenship in Europe and the world, c. 1000–1789. Cambridge University Press.
[2]Forcada Barona, I., 2020. Brexit and European Citizenship: Welcome Back to International Law.
[3] Bruzelius, C. and Seeleib-Kaiser, M., 2017. European citizenship and social rights. In Handbook of European Social Policy. Edward Elgar Publishing.
[4] Prak, M., 2018. Citizens without nations: Urban Citizenship in Europe and the world, c. 1000–1789. Cambridge University Press.
[5] Yanardagoglu, E., 2020. The American Passport in Turkey: national citizenship in the age of transnationalism: by Özlem Olcay-Altan and Evren and Balta, Philadelphia, University of Pennsylvania Press, 2020, X+ 309pp., $59.95 (hardcover), ISBN 978-0-8122-5215.
[6] Prak, M., 2018. Citizens without nations: Urban Citizenship in Europe and the world, c. 1000–1789. Cambridge University Press.
[7] Harpaz, Y., 2019. Compensatory citizenship: dual nationality as a strategy of global upward mobility. Journal of Ethnic and Migration Studies, 45(6), pp.897-916.
[8] Bauböck, R., 2019. Debating European Citizenship. Springer Nature.
[9] Blanchet, T., Chancel, L. and Gethin, A., 2019. How Unequal Is Europe? Evidence from Distributional National Accounts, 1980-2017. WID. world working paper, 6.
[10] Wang, B., Liu, Y., Qian, J. and Parker, S.K., 2021. Achieving effective remote working during the COVID?19 pandemic: A work design perspective. Applied Psychology, 70(1), pp.16-59.
[11] Mindus, P., 2017. European citizenship after Brexit: Freedom of movement and rights of residence (p. 123). Springer Nature.
[12]Blauberger, M., Heindlmaier, A., Kramer, D., Martinsen, D.S., Sampson Thierry, J., Schenk, A. and Werner, B., 2018. ECJ judges read the morning papers. Explaining the turnaround of European citizenship jurisprudence. Journal of European Public Policy, 25(10), pp.1422-1441.
[13] Gerhards, J., Lengfeld, H., Ignácz, Z.S., Kley, F.K. and Priem, M., 2018. How strong is European solidarity?.
