• April 19th, 2016


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Legal problem question:
5. Elisabete is a Portuguese national who moved to Ireland two years ago and who
has been addicted to narcotic drugs for most of her life. For this reason, she is
participating in a social rehabilitation programme run by an Irish charity, the Irish
Anti-Drugs Foundation. This involves her working an average of 25 hours per
week carrying out gardening and outdoor clearing tasks in the local
neighbourhood. In return for this work, she receives a small payment per week
and reduced cost accommodation offered by the charity. The aim of the
programme is to give her an opportunity to gain skills so that she can be more
attractive to the jobs market. Recently, Elisabete has been notified by the Irish
Immigration Agency that she does not qualify as a “worker” and that she will be
deported. Two months ago, Elisabete was joined by her 23–year old Portuguese
son, Gabrielo, who intends to live with her in Ireland for the foreseeable future. He
has also been informed that he might have to leave Ireland because he failed to
obtain a residence permit within the first 6 weeks of residence. Both are concerned
about their continued rights of residence.
Lorenzo is a wealthy businessman from Italy who bought a large property in the
luxury French resort of the Cote d’Azur last year. Five weeks ago, he eventually
moved into his new property with his long-term girlfriend, Fernanda, a Brazilian
national. She moved directly to the French resort from her home city of Sao Paulo
in Brazil. However, the French authorities have been informed that Lorenzo is an
active member of a far-right grouping and has previous criminal convictions for the
possession of cannabis. Membership of the grouping appears not to have been
prohibited by the French government. Nevertheless, an order has been made for
Lorenzo’s deportation from France on grounds of public security. He is contesting
this decision. In the event that he is able to remain in France, he wants to know
whether Fernanda may continue to reside with him.
Pop Radio is an internet radio station based in Luxembourg. For some period of
time, it has wanted to start broadcasts of its music and dance programmes in
Belgium. However, Belgian legal requirements state that any company wishing to
broadcast radio programmes, via the internet or conventional transmitter, into or
within Belgium must obtain a licence issued by the Belgian media regulator. Pop
Radio believes that it is being unfairly restricted from being able to broadcast in
Belgium. Patrick, a Luxembourg national, has recently finished his employment at
Pop Radio and now wishes to move to the United Kingdom to find a new job. He
wants to know whether he has a right to do this and how long he might be able to remain as a job-seeker.
Advise the interested persons of their rights under Union law.

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