Reference no: EM133376046
Case Study: Maria, an Italian national, is a qualified Physiotherapist who has been working in France for the past 5 years. She has recently been offered a post on a part-time basis with a publicly funded hospital in Germany. Maria has recently arrived in Germany to take up her post, but has been informed by the German Immigration Department that she cannot do so for the following reasons:
1) As the post is not on a full-time basis;
2) The post in question is a public service position and under German law it can only be filled by a German national;
3) Maria has previous convictions for drug offenses in both France and her native Italy;
4) Maria has previously suffered from depression.
Seminar Questions:
You are a junior lawyer at a law firm Maria has approached for help.
With reference to decided cases and relevant EU law, advise Maria on the following issues:
1) What rights does Maria have to take up employment in an EU Member State of which she is not a national.
2) The recognised exceptions under EU law to the right of free movement of persons and the applicability to Maria's situation; and
3) Maria's rights under EU law to stay in Germany and seek alternative full-time employment if she so wishes.
4) The rights of Maria to have family members living with her and the rights of those family members