ONE COMPULSORY QUESTION
1 Sally, a Croatian citizen, met Harry, a Colombian citizen, while on holiday in the USA. Harry planned to travel to Germany to study economics and Sally agreed to join him there to continue her studies as a translator and interpreter. As soon as they arrive, they move in together.
Harry enrols on his programme as planned but Sally experiences difficulties. When she tries to enrol on her preferred course, she is told that her degree from the University of Zagreb is not recognised and thus it is impossible for her to secure a place. She is given the option of taking a one-year Foundation course which would make her eligible for the course that she wants to take. However, she is told that she must pay 2000 Euros, even though German citizens taking this Foundation course do not have to pay.
After 3 months of arguing with the authorities, Sally decides to take the Foundation course. In order to raise the money for the fees, she seeks a part time job. She sees an advert in the paper: the German tax office is seeking persons who can translate tax information from German to Croatian. Sally calls to request the application materials but is told that the positions are only open to German nationals. Now facing financial hardship, Sally seeks to gain social assistance, as provided to all German jobseekers. However, she is told that as a Croatian she is not eligible, and worse still, that she must leave the country immediately because she clearly has no funds to support herself. She and Harry are subject to immediate deportation orders.
Advise Sally and Harry on their rights under EU law, drawing upon relevant case law, and the routes they should take to enforce these rights.
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ANSWER ONE QUESTION ONLY
2 ‘Article 50 was introduced to enhance democracy in the EU.’ Critically discuss the extent to which it has successfully achieved this aim.
3 Critically analyse the approach taken by the Court of Justice to conflicts between fundamental freedoms and fundamental rights in EU law. To what extent can it be described as consistent with the European Convention on Human Rights (ECHR)?
4 From the perspective of the individual, is enforcement of EU law more effective via the Court of Justice of the European Union (CJEU) or the EU Commission? Provide reasons for your answer.