Explain whether Anastasia has any grounds under EU Law to challenge the requirement to sign the form.

WORKSHOP ACTIVITIES 5

EU Law

Question 1

James met and married his wife, Anastasia, a Honduran national, while on holiday in Barbados. The French authorities have informed him that Anastasia cannot enter France unless she signs a form saying she will leave the country within three months and will not work during her stay.

(a) Explain whether Anastasia has any grounds under EU Law to challenge the requirement to sign the form. Consider in particular the following issues:
(i) her right of entry, including the formalities she has to comply with to gain entry;
(ii) her right of residence; and
(iii) her right to work in France.

(b)(i) Explain how Anastasia’s rights would be affected if she and James separated, but both remained in France.
(b)(ii) Explain how, if at all, your answer to (b)(i) would differ if they separated and James returned to Ireland, leaving Anastasia in France.
(b)(iii) Explain how, if at all, your answer to (b)(ii) would differ if James returned
to Ireland after he and Anastasia had lived in France for six years.

(c) Explain whether Anastasia would have the right of residence in France if she and James were not married, but had lived together for two years.
(1000 WORDS)

Question 2

Assume that James and Anastasia reconcile their differences and decide to move to Cyprus. Cypriot immigration officers refuse to allow Anastasia entry into the country on the following grounds:
(i) she is a member of an active anti-globalisation group; and
(ii) on a previous visit to Cyprus she was convicted of stealing a magazine worth €2 from a newsagent and fined €50.
Explain whether Anastasia has any grounds under EU Law to challenge these reasons for refusing her entry into Cyprus
1000 words