S/L/25. The right of residence: the fundamental right for workers and their families

Daniel, a British citizen, works 12 hours per week in Italy as a fashion designer, and lives together with his wife, Pamela and his daughter, Sophie (aged 22). Being told that he is a part-time worker whose earnings are insufficient enough to support himself and his family financially, He and his family failed in their attempt to apply for residence permits in Italy. Does Italian authority has the legal power to reject their application? I will argue this decision is unlawful, the local authority does not have the legal power to refuse Daniel and his familyœs application. Instead, with the rights granted by Article 39 EC, workers have the right to „moveŽ and „stayŽ freely within Member States, derived from it, more exactly provided by the secondary legislation Directive 68/360, Member States shall „abolish restrictionsŽ on the „movement and residenceŽ of nationals and „their familiesŽ, the Regulation 1612/68 EEC provides detailed rights of family members, more importantly, the EC case law has interpreted these provisions broadly to the extension of „part-time workerŽ who can not provide sufficient means of support. Therefore, Daniel and his family therefore can successfully stay although Daniel is a „part-time workerŽ. In the following text, I will explain individually why they are legally qualified to get the residence permit in Italy, simultaneously, give the detailed legal instruments which Daniel and his family can use to defend their rights. To be more concentrated, I will focus on Danielœs situation, especially on his status as a legally defined „part-time workerŽ whom should be treated as a national, since his status is the most important factor in this case, extended rights like familyœs rights can be seen as „parasiticŽ rights.