Sally, a British national, is 20 years old. Sally had never travelled outside the UK, where all her family and friends live, until last year when she decided to settle permanently in Spain. She has been living in Madrid for the past nine months.
Shortly after her arrival in Madrid, Sally applied for unskilled work in the kitchens of a state-run secondary school. She was invited for interview but her application was unsuccessful because she failed a Spanish language test set at the interview. Eventually, Sally secured employment as a hotel chambermaid. However, after working in this job for a time, Sally began to feel very despondent about her low wages and she became involved in criminal activity. She has just been convicted of robbery with violence and the Spanish court is considering ordering her expulsion from Spain on public policy grounds.
Advise Sally as to the application of EU law on the free movement of persons to each aspect of this situation.
Free movement of persons: one of the four fundamental freedoms of the EU internal market, Article 26 TFEU.
Article 18 TFEU : general principle of freedom from discrimination on grounds of nationality 'within the scope of application of this Treaty'.
Sally's rights of entry and residence
Rights of entry and residence by virtue of Union citizenship alone
Sally, as a British national, is a national of a Member State and is therefore a Union citizen (Article 20 TFEU).
Article 21 TFEU grants the right of free movement and residence within the territory of the Member States to all Union citizens 'subject to limitations and conditions'.
The scope of the Article 21 rights is defined in secondary legislation, Directive 2004/38. The Directive grants to all Union citizens rights of entry and residence for up to three months, without formalities or conditions (Article 6). Sally has already exercised her right of entry to Spain and has lived in Madrid for the past nine months. Her right to...