Description
Assessment task details and instructions
You should answer one of the following two questions.
Either
Question 1
Meechams are a Dutch company that make medicinal products. Advise them as to their legal position in EU Law in each of the following scenarios.
a. A consignment of their lemon-flavoured cold remedy, Citrusip, destined for sale in a German supermarket chain has been held by Dutch customs who wish to take some samples for testing. They are also claiming to be conducting research into the export pattern of medicines manufactured in the Netherlands. They issue Meechams with two invoices: one to cover the administrative costs of sampling the goods and one to contribute to the costs of the research. The authorities assure Meechams that the conclusions of their research will be shared with all interested parties.
b. Citrusip is always sold in a distinctive red and green box. Recent changes in Italian law require all medicines of this nature to be sold in blue boxes in order to prevent them being confused with sweets. Italian medicines are already sold in blue boxes. As a result, Italian authorities confiscate a large consignment of Meechams’ medicines.
c. French law has recently changed to allow only products containing 640mg of paracetamol or less to be sold without the direct approval of a pharmacist. Citrusip contains 650mg and therefore may be sold only in pharmacies, which will result in significantly fewer sales. Although this new law would apply to all medicinal products sold in France, research suggests that no cold remedies manufactured in France contain more than 640mg of paracetamol.
Or
Question 2
Advise the following as to their free movement rights under European Union
law:
a) Louise, an Irish national and trained nurse, moves to Denmark looking for work in her chosen profession. She is unable to find work as a nurse and takes a part-time job in a coffee shop, working between 6 and 10 hours per week on an on-call basis. Despite her employers providing a free lunch whenever she works a full day, Louise is nevertheless poorly paid. After a year, her savings run out. She seeks welfare benefits to supplement her income from the Danish authorities, who refuse on the basis that she is not a ‘worker’ within the meaning of EU law.
b) Alfonso, a Spanish national, moves to France with his family: his wife Matilde, an Italian national, and their children Mario and Helena. Alfonso works for a multi-national corporation and is very well paid. Matilde remains at home with the children. They have substantial savings, although they do not have medical insurance in France. Matilde always travels back to Italy for medical treatment for her children or herself when required. After 3 years in France, Alfonso is relocated by his company to India. Matilde decides to remain in France with the children who have settled in school. She chooses not to work.
She is required to complete some paperwork relating to the children’s schooling and the authorities notice the absence of medical insurance.
The French government begin deportation proceedings on the grounds that:
i) Matilde is not a worker within the meaning of EU law &
ii) She does not satisfy the residency requirements of Directive 2004/38.
You must use the OSCOLA referencing system and submit a full bibliography.
On successful completion of this assessment, you will be able:
2. To identify and critically evaluate the sources of EU law and how they relate to national law.
3.Demonstrate a detailed knowledge of selected areas of EU law such as: Freedom of Movement of Persons, of Goods and the Rights deriving from EU citizenship.
1. Work with a variety of sources to undertake research using scholarly reviews and primary sources as appropriate.
2. Write legally competent arguments.
