The Wholesome Photo of the Month Thu May 09, 2024 11:01 | Anti-Empire
In 3 War Years Russia Will Have Spent $3... Thu May 09, 2024 02:17 | Anti-Empire
UK Sending Missiles to Be Fired Into Rus... Tue May 07, 2024 14:17 | Marko Marjanović
US Gives Weapons to Taiwan for Free, The... Fri May 03, 2024 03:55 | Anti-Empire
Russia Has 17 Percent More Defense Jobs ... Tue Apr 30, 2024 11:56 | Marko Marjanović Anti-Empire >>
A bird's eye view of the vineyard
Alternative Copy of thesaker.is site is available Thu May 25, 2023 14:38 | Ice-Saker-V6bKu3nz Alternative site: https://thesaker.si/saker-a... Site was created using the downloads provided Regards Herb
The Saker blog is now frozen Tue Feb 28, 2023 23:55 | The Saker Dear friends As I have previously announced, we are now “freezing” the blog. We are also making archives of the blog available for free download in various formats (see below).
What do you make of the Russia and China Partnership? Tue Feb 28, 2023 16:26 | The Saker by Mr. Allen for the Saker blog Over the last few years, we hear leaders from both Russia and China pronouncing that they have formed a relationship where there are
Moveable Feast Cafe 2023/02/27 ? Open Thread Mon Feb 27, 2023 19:00 | cafe-uploader 2023/02/27 19:00:02Welcome to the ‘Moveable Feast Cafe’. The ‘Moveable Feast’ is an open thread where readers can post wide ranging observations, articles, rants, off topic and have animate discussions of
The stage is set for Hybrid World War III Mon Feb 27, 2023 15:50 | The Saker Pepe Escobar for the Saker blog A powerful feeling rhythms your skin and drums up your soul as you?re immersed in a long walk under persistent snow flurries, pinpointed by The Saker >>
Interested in maladministration. Estd. 2005
RTEs Sarah McInerney ? Fianna Fail supporter? Anthony
Joe Duffy is dishonest and untrustworthy Anthony
Robert Watt complaint: Time for decision by SIPO Anthony
RTE in breach of its own editorial principles Anthony
Waiting for SIPO Anthony Public Inquiry >>
Voltaire, international edition
Netanyahu soon to appear before the US Congress? It will be decisive for the suc... Thu Jul 04, 2024 04:44 | en
Voltaire, International Newsletter N°93 Fri Jun 28, 2024 14:49 | en
Will Israel succeed in attacking Lebanon and pushing the United States to nuke I... Fri Jun 28, 2024 14:40 | en
Will Netanyahu launch tactical nuclear bombs (sic) against Hezbollah, with US su... Thu Jun 27, 2024 12:09 | en
Will Israel provoke a cataclysm?, by Thierry Meyssan Tue Jun 25, 2024 06:59 | en Voltaire Network >>
|
European migrant workers rights unprotected in Ireland for 1 and 1/2 years.
national |
eu |
opinion/analysis
Monday October 31, 2005 16:58 by Mago
![Report this post to the editors Report this post to the editors](../graphics/report.gif)
Complaint to the European Commission.
http://www.welfare.ie/publications/sw108.html
I find European Commission working too slow in this issue; anti-discrimination groups and unions don't seem to me to be taking it seriously enough, the general public is uninformed. At best, people show not much interest.
This is part of a complaint about the implementation of the Habitual Residence Condition by the Irish Government. Let me know what you think. 9. As far as possible, specify the provisions of Community law (treaties, regulations, directives, decisions, etc.) which the complainant considers to have been infringed by the Member State concerned:
· Non-discrimination in comparison to nationals.
"As the Court of Justice of the European Communities has decided, this applies not only to forms of "direct" discrimination but also to all forms of hidden ("indirect") discrimination where, in theory, a provision of national legislation applies equally to nationals and foreigners, but, in practice, is found to be disadvantageous for foreigners."
http://europa.eu.int/youreurope/nav/en/citizens/factsheets/eu/socialsecurity/equaltreatment/en.html
The advantage is for their own nationals and UK nationals too. Rules are clearly designed to stop other than these nationals claims. And the actual application is pushing it to exceptional degrees.
"Minister Mary Coughlan is committed to ensuring that no person whose circumstances are appropriate to the Irish social welfare system is disadvantaged by the introduction of the new condition. " Refering to Irish and British people.
"Every effort is made to find grounds for making a positive decision when cases are being considered." Refering to the design of the rules to make them disadvantageous only for certain nationalities.
"It is difficult to envisage circumstances where a returning Irish national would not meet this condition." Refering to the grievance for non-nationals.
http://www.welfare.ie/press/pr04/pr200804.html
The ministers stress the point that this is not based on nationality but in reality :
- How many Irish are turned down/allowed with short periods ?
- How many years are "foreigners" required to be allowed ?
· Collins -v- Secretary of State for Work and Pensions
European Court of Justice ruled that the “habitual residence” test in the UK « discriminates on the grounds of nationality against non-UK nationals of the European Community who come to the UK looking for work, and is thus contrary to the freedom of movement principle enshrined in the EC Treaty unless the UK Government can show that a period of residence is fundamentally important to establishing entitlement to jobseeker’s allowance ».
http://www.cpag.org.uk/campaigns/press230304.htm
while specifying that it « must not exceed what is necessary in order to be satisfied that the person concerned is in fact genuinely seeking employment in the member state in question ».
http://www.eubusiness.com/archive/Employment/040323124034.d1icyhau
--> I don’t understand the arguments that prove that a period of residence is fundamental for this kind of allowance in the UK, or how the same could apply in Ireland.
--> Although not specified, it is implied that this period must not be more than a few months but in some cases periods of up to 3, 4 years are not sufficient.
--> ?why does this period applies only to so-called ‘people from abroad’, as Irish or British nationals don’t require any period if the "Irish" Deciding Officer decides so.
--> If a European citizen came from EU market - as opposed to Mr. Collins case - they are connected to the ‘single market’. Therefore to the market of the member state.
|
View Full Comment Text
save preference
Comments (16 of 16)