Sample Solution

Member States for this purpose, stay in a Member State for the purpose of employment and remain in the territory of a Member State after having been employed in that state.”Free movement doesn’t just mean the right to move and reside freely, it also means the right to be treated the same as nationals of that particular Member State. Anyone who does exercises their free movement rights shall not be discriminated against as that would be going directly against the internal market objectives of the European Union which are set in Article 26 (2) TFEU . The non-discrimination principles are set in Article 18 TFEU . The case of Commission v Germany (Re Nursing Directives) established that those who are entitled to EU rights must be made aware of them, and must be able to rely upon them before a court of law. Article 20 (2) TFEU establishes the rights attached to EU citizens which include: “the right to move and reside freely within the territory of the Member States, the right to vote and stand as candidates in elections to the European Parliament, the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State and the right to petition to the European Parliament and apply to the European Ombudsman.” The right to move and reside freely within the territory of the Member State is further developed in Article 21 (1) TFEU as it references the limitations laid out in the Treaties and secondary legislation. The Directive 2004/38 is secondary legislation establishes the rights of Union workers and their family members to enter, exit and reside freely within a Member State. The Regulation 492/2011 which is also secondary legislation deals with affairs relating to equal access to employment and equality in terms of employment, housing, education and social rights. All of these measures and provisions are directly effective rights which Sandra is entitled to. Due to the fact that she has changed teams in the middle of her playing season, she has now been disqualified from playing future European Masters League games for the rest of the season. Consequently, this means her potential earnings will be reduced. This has only happened on the basis of the European Netball Federation (ENF) rules on the international transfer of players meaning that she is only disqualified as she is an international player and these rules would not apply to any British citizens.