Question 6
Una, an Irish citizen, got married to George, a British citizen in January 2022 [Reminder: UK is
no longer a member state of the EU], right after Una gave birth to their child who has both Irish
and British citizenship.
Tired of the weather in London, Una and George moved to Paris, France along with their child,
in March 2022.
George does not work but cares for their child. Una, having previously studied fashion design, is
now working for a famous French fashion designer.
When Una and George recently flew to Ireland to visit Una’s family, George was refused entry
on account of his failure to hold an entry visa.
When George attempted to return to France, he was refused entry on account of being unable to
prove that his marriage to Una is not one of convenience.
In the meantime, French authorities have denied Una and George’s application for childcare
benefit on the following two grounds: they did not offer evidence of French citizenship for any
of them and evidence of George being economically active.
Advise Una and George as to the following issues:
(a) Was the Irish government’s decision denying George entry into Ireland compatible with EU
law?
(b) Was the French government’s decision denying George entry into France compatible with
EU law?
(c) Are Una and George entitled under EU law to receive French childcare benefit?
For reference, Article 45 TFEU provides as follows (please note that you are also expected to
discuss EU secondary legislation such as Directive 2004/38 on the right of citizens of the Union
and their family members to move and reside freely within the territory of the Member States):
‘1. Freedom of movement for workers shall be secured within the Union.
2. Such freedom of movement shall entail the abolition of any discrimination based on
nationality between workers of the Member States as regards employment, remuneration and
other conditions of work and employment.
3. It shall entail the right, subject to limitations justified on grounds of public policy, public
security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment … ;
(d) to remain in the territory of a Member State after having been employed in that State.
4. The provisions of this Article shall not apply to employment in the public service.’