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Advise Mary and Marco on to the application of EU law on the free movement of natural and legal persons to each aspect of this situation.

Question 1
Cambridge Clearplus Energy Ltd (CCE) is the energy supplier for the
Cambridgeshire, Suffolk and Norfolk area. Following an internal review of its
activities, the board of CCE decided to undertake a programme of job reductions
which would lead to several redundancies.
(Fictitious) Directive 2017/84 (‘the Directive’) relates to the protection of workers
dismissed by collective redundancy. Article 3 of the Directive applies to
redundancies and requires employers to consult the workers’ representatives with a
view to reaching an agreement before going ahead with redundancies. The UK has
implemented the (fictitious) Trade Union Act 2018, introduced to transpose Directive
2017/84, which provides that the protection is afforded only to employees whose
interests are represented by an independent trade union recognised by the
employer.
Unitrade is an independent trade union which was formed following the merger of
other two trade unions and represents workers in the energy sector. CCE does not
recognise Unitrade as a trade union. Consequently, the CCE created a staff council
which had consulted about the implementation of the proposed job losses.
Unitrade contended that provisions of Directive 2017/84, relating to collective
redundancies, were directly enforceable against CCE, stating that CCE were
required to consult with Unitrade under Article 3 of the Directive.
Discuss all the three possible effects of EU law in the national system by advising
Unitrade on the most likely outcome of this case.
Question 2
Mary, a British national, is 33 years old and wishes to settle permanently in Italy. She
has been living in Rome for the past seven months.
Shortly after her arrival in Rome, Mary struggled in finding a job and after 2 months,
she started to work from her home as a hairdresser while looking for a more stable
job. Eventually Mary secured a permanent employment as a kitchen assistant in a
restaurant. She worked there for 25 hours a week but she quickly began to feel very
despondent as her income was below the minimum wage. Soon after, Mary became
involved in criminal activities. She has just been convicted of robbery with violence
and the Italian court is considering ordering her expulsion from Italy on public policy
grounds.
Marco is an Italian national who founded and manages a limited company that for a
fee helps EU nationals to find a job in Rome. Marco put Mary in contact with the
restaurant where she worked as kitchen assistant. Following her criminal conviction,
Marco is worried of the possible negative consequences for his business. He has,
therefore, decided to move to the UK and to relocate his business there for a while.
He is planning to rent an office in Cambridge.
The UK’s decision to exit the EU has created great uncertainty for many people
across the UK and Europe, including for Mary and Marco.
Question 1
Cambridge Clearplus Energy Ltd (CCE) is the energy supplier for the
Cambridgeshire, Suffolk and Norfolk area. Following an internal review of its
activities, the board of CCE decided to undertake a programme of job reductions
which would lead to several redundancies.
(Fictitious) Directive 2017/84 (‘the Directive’) relates to the protection of workers
dismissed by collective redundancy. Article 3 of the Directive applies to
redundancies and requires employers to consult the workers’ representatives with a
view to reaching an agreement before going ahead with redundancies. The UK has
implemented the (fictitious) Trade Union Act 2018, introduced to transpose Directive
2017/84, which provides that the protection is afforded only to employees whose
interests are represented by an independent trade union recognised by the
employer.
Unitrade is an independent trade union which was formed following the merger of
other two trade unions and represents workers in the energy sector. CCE does not
recognise Unitrade as a trade union. Consequently, the CCE created a staff council
which had consulted about the implementation of the proposed job losses.
Unitrade contended that provisions of Directive 2017/84, relating to collective
redundancies, were directly enforceable against CCE, stating that CCE were
required to consult with Unitrade under Article 3 of the Directive.
Discuss all the three possible effects of EU law in the national system by advising
Unitrade on the most likely outcome of this case.
Question 2
Mary, a British national, is 33 years old and wishes to settle permanently in Italy. She
has been living in Rome for the past seven months.
Shortly after her arrival in Rome, Mary struggled in finding a job and after 2 months,
she started to work from her home as a hairdresser while looking for a more stable
job. Eventually Mary secured a permanent employment as a kitchen assistant in a
restaurant. She worked there for 25 hours a week but she quickly began to feel very
despondent as her income was below the minimum wage. Soon after, Mary became
involved in criminal activities. She has just been convicted of robbery with violence
and the Italian court is considering ordering her expulsion from Italy on public policy
grounds.
Marco is an Italian national who founded and manages a limited company that for a
fee helps EU nationals to find a job in Rome. Marco put Mary in contact with the
restaurant where she worked as kitchen assistant. Following her criminal conviction,
Marco is worried of the possible negative consequences for his business. He has,
therefore, decided to move to the UK and to relocate his business there for a while.
He is planning to rent an office in Cambridge.
The UK’s decision to exit the EU has created great uncertainty for many people
across the UK and Europe, including for Mary and Marco.
Advise Mary and Marco on to the application of EU law on the free movement of
natural and legal persons to each aspect of this situation.

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