Preliminary ruling procedure and family reunification rules in the EU Term Paper

Preliminary ruling procedure and family reunification rules in the EU - Term Paper Example is no provision for family re-unification with children, and the best relief that Cathy can get is applying for help at the European Court of Justice. In her application, Cathy argued in terms of the right of free citizenship movement, and the family re-unification directive. However, the tribunal the local tribunal sought an application to the European Court of Justice seeking to identify whether these directives over rule the New Caledonian Law. In analyzing the freedom of freely moving, and whether the application of this law in New Caledonia amounts to overruling their laws, it is essential to define citizenship (Kochenov, 2012). Under article 17 (1) of the European Union laws, a citizen of the European Union is a person who has the citizenship of a state under the European Union. Section 12 of the amended European Commission treaty provides for certain rights to citizens of the European Union, and amongst them includes the right of non-discrimination, and this applicable within the provisions of the treaty. Article 18 of the amended EC treaty gives individuals the right of free movement within member’s states, but under some limitation. This right of free movement is limited to the spouse, and to their children. In the case involving the Home Department secretary of State, against Chen Lavette, the European Union Court of Justice ruled that a European Union Citizen, has the right of residing in member states of the European Union, and this right does not contravene the laws of the member state (Sawyer and Blitz, 2011). In the case law, Catherine Chen was born in Northern Ireland; and therefore entitled to receive the Irish Citizenship. Mrs. Chen obtained an Irish passport for her, with the intention of using her child’s status to reside in Wales. However the British authorities refused to grant her residency permit. The British authorities sought guidance from the European court, and it made a decision favorable to Mrs. Chen (Wiesbrock, 2010). The ECJ

Jewish Discussion Essay Example | Topics and Well Written Essays - 750 words

Jewish Discussion - Essay Example Though Lisa’s request can be understandable from a personal standpoint when factoring in the seriousness with which she has began to take her faith over the last 10 years or so, to ensure fairness to both parties, her supervisor’s point should also be considered as well. There are various factors within this scenario that should be looked into before they are able to adequately absorb all the issues that come into play in this situation. The first issue to be taken into consideration is the length of time that Lisa has been seriously practicing her Jewish customs. This is to determine the level of seriousness with which she takes her faith so as to decide whether her request is a genuine one or simply an attempt at getting the weekend free for her own enjoyment. Despite that she did not become a serious practicing Jew until late into her 20s, it should be noted that since then, she has made an attempt to follow the various customs that are required of her for a period o f over ten years. The length of time shows the level of commitment that Lisa has to her Jewish religion and thus it can be decided that her request is a genuine one. ... If Lisa is granted the permission that she seeks, it will seem as if she is receiving special treatment due to her religion, which may bring about a number of complications as a result. The special treatment of one worker over the others may lead to a drop in morale among other issues that would cause a decrease in the level of quality of work output as a result (Levy, 2010). Thus, it is essential for the supervisor to come up with a way that will ensure there is no special treatment that is offered to Lisa. There are various ways for solving this, and this includes Lisa taking on extra shifts during the rest of the week to compensate for the time that she wishes to excuse herself. Another way is through the exchange of shifts with other nurses who may be free during these times which though may take some convincing as it would be hard   to convince one to give up their free weekend. However the maintenance of fairness among employees is the most essential issue and the main concer n that should be upheld. However, the supervisor can be said to have lacked the required cultural competence in the handling of that particular situation. Though his concerns were technically justifiable, the means in which he voiced these concerns could have been done in a better manner. It is always important to take into consideration the feelings of the individual that one is talking to when communicating with a person from the workplace despite the position that either party may hold (Befort & Budd, 2009). His harsh refusal and suggestion that Lisa moves back to New York could be taken out of context according to the nature of the conversation that was taking