CRITICALLY DISCUSS TO WHAT EXTENT THE RIGHT OF ESTERBLISHMENT AND FREE

CRITICALLY DISCUSS TO WHAT EXTENT THE RIGHT OF ESTERBLISHMENT AND FREE CRITICALLY DISCUSS TO WHAT EXTENT THE RIGHT OF ESTERBLISHMENT AND FREE MOVEMENT OF SERVICE HAVE â€" Coursework Example > EUROPEAN UNION LAW ARTICLE 17IntroductionThe regime of protection of rights of citizens in EU Law is unique. It has no parallel in the world. It offers citizens of all members states equal rights to own property, and move freely in all members’ states for business or leisure. Such fundamental rights are essential in a democratic society and for a free-market economy. The role of the State is to respect and protect these right against any form of encroachment, and to regulate the exercise of this right in order for it to be accessible to everyone, taking public interest into due consideration. According to topic of this essay, it would be quite appropriate to mention two relevant of articles of EU Law here. The Article 17 of European Union Law states1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship. 2. Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the duties imposed thereby. This article is further added by Article 39 to provide free movement, business, and service rights to all the citizens of EU equally. Article 39 states1. “Freedom of movement for workers shall be secured within the Community”. 2. “ Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment”. 3. “ It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health”: (a) “ to accept offers of employment actually made”; (b) “ to move freely within the territory of Member States for this purpose”; (c) “ to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action”; (d) “ to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission”. 4. “ The provisions of this article shall not apply to employment in the public service. Because of the general importance which protective measures have in this sensitive area of labour law, it is explicitly stated that Member States in which collective agreements are not legally enforceable or in which laws on working time are in force must allow derogations by way of collective agreements (Article 17.3). Regulatory powers remain in the hands of national legislatures whenever questions of public policy are at stake; this takes place either through national statutes 'ensuring the conclusion of collective agreements' or through a formal authorization made by the state to undergo derogations”. EU Law and Members state with speci al reference to UKThe above stated articles of EU Law are very good looking on the paper. But the member states have certain reservation about them. These laws created some anomalies and discrepancies. A very interesting case surfaced in UK and became very famous. This case of citizenship can be quoted here. This case is famous with the name of Chen case in UK.