How does the law of the European Union apply

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Reference no: EM133218919

Question - Georgio is an orchestra conductor of Italian nationality. His wife, Daiyu, is a Chinese national. The couple decides to move to Belgium together with their 13-year-old daughter, Ju. Georgio is offered work in an opera company in Brussels (Belgium). Under the contract of employment, Georgio is expected to rehearse for 8 hours and perform for 6 hours every week.

The family finds a lovely house in the district of Ixelles in Brussels and Georgio is looking forward to starting rehearsing at the opera.

However, the financial situation remains difficult and Daiyu also decides to look for employment. Daiyu is told by the Belgian authorities that because she is not a European citizen, she will not be able to obtain a work permit or indeed a residence permit. The couple is equally disappointed that the family's application for housing benefits has been denied because of their inability to produce a Belgian citizenship card.

A couple of Brazilian nationals, Paulo and Antônia, have also been staying in Belgium for some time. The couple have even had a little boy named Jose who was born with a Belgian nationality in application of Belgian national legislation.

Paulo and Antônia are very distressed when their residence permit expires and they are informed that they will need to leave Belgium and return to Brazil. Whilst the couple misses the Brazilian lifestyle and landscape, they would like their child to being able to benefit from a Belgium education and therefore grow up in Belgium.

How does the law of the European Union apply to the situations above? Discuss by reference to relevant case law and legislation, commenting on the special role played by the Court of Justice of the European Union in giving effect to the free movement of persons.

Reference no: EM133218919

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