Critically discuss how and in what terms the ruling of the Court of Justice of the European Union in the case C-709/20 CG v Department for Communities in Northern Ireland [2021] and the decision of the UK Supreme Court in Fratila and another (AP) v Secretary of State for Work and Pensions [2021] UKSC 53 have impacted on the interpretation of the principle of non-discrimination on the grounds of nationality in the UK legal system.

 Assessment Task

 

  • This coursework is composed of two parts: Part A and Part B. Part A contains two essay type questions that are each worth 60 marks; part B comprises two problem scenarios that are each worth 40 marks.
  • You must answer ONLY ONE question in Part A and ONLY ONE question in part B.
  • 2200 Words. Part A answer should be maximum 1200 words; and Part B answer should be maximum 1000 words. This is intended to reflect an approximate average length of the answer.
  • The answer must be of appropriate length and compositional style, e.g. formal academic writing. You must ensure that you include legislation and case-law correctly to ensure clarity.
  • Your analysis will need to be supported by arguments evidenced by law, jurisprudence and academic research or commentary from academic journals, books and other relevant authoritative sources.
  • If you cite a source, you are required to use footnotes in OSCOLA style. However, there is no requirement to include a bibliography. Wikipedia is not appropriate to mention as a source.
  • You are reminded that sources, such as cases, legislation and journals, may be accessed remotely through Roehampton Library, Lexis Library and/or Westlaw UK.
  • Poor structure, composition or grammar will affect the quality of your submission and may even prevent the marker from understanding your analysis. Therefore, you should proofread your essay before you submit it for marking and make sure you have written what you intend to say.

 

COURSEWORK

 

 

 

 

 

 

 

 

 

 

 

PART A

 

 

Answer ONLY ONE of the following essay questions

 

 

A.1 ‘The protection of fundamental rights would not be changed after Brexit as the European Convention on Human Rights (ECHR) continues to be applied in the UK legal system’.

With references to case-law critically analyse this statement and discuss the impact of Brexit on the protection of fundamental rights in the UK.

[60 marks]

 

OR

 

A.2 Critically discuss how and in what terms the ruling of the Court of Justice of the European Union in the case C-709/20 CG v Department for Communities in Northern Ireland [2021] and the decision of the UK Supreme Court in Fratila and another (AP) v Secretary of State for Work and Pensions [2021] UKSC 53 have impacted on the interpretation of the principle of non-discrimination on the grounds of nationality in the UK legal system.

[60 marks]

 

 

PART B

 

Answer ONLY ONE of the following problem questions

 

B.1 Ana worked in an office in a small town in Slovenia, and while doing her job, she discovered that her colleagues committed fraud involving EU funds. Ana reported the crime internally and to the public authorities, and her colleagues were investigated and convicted for their crimes. After reporting the crime and supporting the authorities in detecting the fraud, Ana was discriminated against and later dismissed by her employer.

 

The national legislation currently in force does not protect Ana. Despite this, an EU Directive has recently introduced legal provisions to protect people who report breaches against EU Law against all forms of retaliation and discrimination. The deadline for implementing the Directive expired before the facts occurred, but Slovenia has unfortunately not yet implemented it.

 

Provide legal advice to Ana on whether and how her rights can be recognised and enforced under EU law, distinguishing between two alternative scenarios:

  1. Ana is a public official employed by the Ministry of Economic Affairs.
  2. Ana is an employee of a private company.

[40 marks]

 

OR

 

 

B.2 The company Future Motors, based in Spain, is a start-up that manufactures vehicles or part of vehicles and whose products are enormously appreciated and valued by customers. Future Motors already exports its innovative, well-fabricated, and designed products to different countries, including Germany, France, and Italy.

 

However, Germany has recently introduced new legal provisions to limit the use of new powerful vehicles that are not considered efficient. Germany measures impose that these vehicles cannot be driven in Germany during the weekend and every day from 10 am to 6 pm.

 

As an effect, the trade of the cars sold by Future Motors in Germany is consistently reduced by around 80%. Future Motors is interested to know if the rules adopted by the German authorities can be challenged based on the EU Law.

 

Moreover, Future Motors is assessing to expand its business, and the UK could be an important export market based on the consultancy received. Hence, Future Motors’ managers are interested in exporting their vehicles in the UK, and are seeking your advice on how the Trade and Cooperation Agreement may assist them.

 

Provide legal advice to Future Motors:

  1. on the compatibility of these measures adopted by Germany with the EU Law
  2. about the main legal rules governing the export of vehicles in the UK in the light of the Trade and Cooperation Agreement.

[40 marks]

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