Sample Solution

residence which Maria does based on her dependency on Luis and Charlotte. This means it is within her rights to receive a maintenance grant as other British nationals in her position would. Article 24 (2) of the directive provides a derogation from the principle of equal treatment in regards to students. It states that Member States are not obliged to grant maintenance loans for studies unless the person is classed as worker or a person of such a persons family. She is defined as Charlottes family member who is an EU citizen and a worker in London so according to this Article of the directive it is within her rights to be eligible for the maintenance grant. In the case of Gravier additional fees for non-nationals fell within the scope of Article 18 on the basis that secondary law provisions provided support to Member States under Article 166 TFEU which allowed the court to apply Art. 18 TFEU . The requirement of 5 years of residency in the UK amounts to indirect discrimination to nationality in this case. This requirement largely impacts those citizens who move from other Member States which is also a fundamental freedom of EU citizens.

The ESC, in my opinion, must refer questions about the local authority’s refusal to grant Bjarne a school place to the Court of Justice of the European Union as legally, it is requirement to receive and have an education until the age of 18 in London. The authority’s refusal of this has not only breached this legal requirement but it has also breached Bjarne’s Article 18 TFEU rights as well which include protection from discrimination of nationality. The fact that Bjarne has special needs means that his schooling options are already limited and the requirement of 6 years residency in the UK is purely discriminatory to any EU citizens who move to another Member State. The freedom to move and reside freely in another Member State is one of the fundamental freedoms of the EU and the authority here are clearly breaching it. The reason the ESC must refer the questions about the local authority’s actions