EU Law Collins Case Note

Collins Intro
Collins v Secretary of State for Work and Pensions - FMOP, too generous towards work-seeking EU citizens and MS rights should come first? Or should EU citizens come first?
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Collins Facts
Collins held dual Irish and American nationality, moved to UK for job in Social services, 8 days after, wanted unemployment benefits (jobseekers), UK said needed to be "habitually resident", Collins appealed and was sent to CJEU
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Collins Ruling #1
Looked at what is now ART 45 - non nationals should have equal treatment regarding access to employment, measure was also indirect disrim - Uk nationals had advantage of being habitual
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Collins Ruling #2
CJEU - residency requirements okay, as long as reasonable - habitual was not. To get employ benefit link needed between work-seeker/employemnt market - established by genuinely seeking/had chance of work
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Collins Developing Law #1
Case failed but allowed possibility of workessekers gaining unemployment benefits, which opened up debate over work seekers rights, vs interest of Mss
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Collins JA #1
Oxana Golynker, 'Jobseekers rights in the European Union: challenging the changing paradigm of social solidarity', 2005: clash created between fundamental rights of Union citizens and legitimate interests of Mss to social policy/prevent welf tourism
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Collins Developing Law #2
Major issues for MS in terms of welfare tourism - had to provide welfare for Union citizens work-seekers as well as their own
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Collins JA #2
Elaine Fahey, 'Interpretive legitimacy and the distinction between "social assistance" and "work seekers allowance", 2009: Directive 2004/38 contrasts collins, MS did not have to give such benefits
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Collins Developing Law #3
Collins may therefore no longer be useful as Directive came after, suggesting, in this case MS rights take primacy, but "unclear how dilemma will be resolved" (Golynker)
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Collins Conclusion
Collins seemed unreasonable extension of work-seekers rights, and the Directive 2004/38 lessened its effects, but still good law and so still may have some presence, law is unclear
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Collins Facts

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Collins held dual Irish and American nationality, moved to UK for job in Social services, 8 days after, wanted unemployment benefits (jobseekers), UK said needed to be "habitually resident", Collins appealed and was sent to CJEU

Card 3

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Collins Ruling #1

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Card 4

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Collins Ruling #2

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Card 5

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Collins Developing Law #1

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