EUROPEAN UNION EU LAW
The following is a hypothetical situation. Your research should only be addressed to the legal scenario described in this question.
Anna is a British national and a qualified pharmacist in the UK. Anna and her partner, Baahir, who is a Libyan national and a pet detective, want to have a career break and decide to go to an arts college in Sweden because there are no tuition fees there and many courses are available in English.
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On entry to Sweden they are questioned by the Swedish immigration authorities as to their intentions for visiting Sweden and asked to declare that they are both financially self-sufficient. The Swedish authorities inform them that they will be provided with residence permits as soon as they complete the administrative formalities and register with the local police in Bromsten where they want to settle.
Anna enrols on a two year visual arts course which involves voluntary work in a local theatre for two days a week. At the end of her internship she claims unemployment benefits. Baahir gets a job as a dog minder at a dog rehabilitation centre. While other dog minders are paid a salary and a contribution to their pensions, Baahir only gets his lunch and transport paid for. He is told this is because he is not a Swedish national.
Anna realises that she must earn money to support her family and manages to set up an online pharmacy company selling tanning products including pills which she prepares in her lab and tanning lotions which she imports from Portugal. Sweden has adopted a measure that prohibits the sale of tanning pills on the ground that there is scientific evidence that they may cause hormonal changes. Furthermore, in response to concerns expressed by the Swedish pharmaceutical industry, the Swedish government has introduced strict inspections of all tanning lotions, to measure the quality of the ingredients and to ensure they are safe for human use. The importer is charged €100 per pallet-load of tanning lotions. Inadvertently, this inspection regime has created delays in the supply of tanning lotions, and so to enable importers to continue to supply tanning lotions the government has provided warehousing facilities for which a charge of €100 per week is applied.
Anna finds a British lawyer in Oslo called Cuthbert, whose fees are cheaper than that of Swedish lawyers, to deal with their legal predicaments. However, Cuthbert is told by court officials that he has no authority to represent them in Swedish courts.
Please answer the five following questions. Each question will be marked out of 20 points.
1. Can Anna claim unemployment benefits? Is Baahir’s employer obliged to give him a salary and contribute to his pension?
2. Can Cuthbert represent Anna and Baahir in the Swedish courts?
3. Is the Swedish ban on the sale of the tanning pills compatible with A34 TFEU and, if not, justified under A36 TFEU?
4. Can the charges for inspections and warehousing be applied by Sweden?