tag:blogger.com,1999:blog-36227136.post5278963414009303157..comments2024-01-16T08:40:53.682+00:00Comments on <a href="http://www.openeurope.org.uk">Open Europe</a>: Why the Commission has grossly over-stepped the mark with its court challenge on right to resideOEhttp://www.blogger.com/profile/00556463374230498875noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-36227136.post-8393108091796744692013-06-28T03:26:03.495+01:002013-06-28T03:26:03.495+01:00My view on this is that the right-to-reside and th...My view on this is that the right-to-reside and the HRC in the UK and Ireland are arguably inconsistent with the scheme and the objectives of Regulation 883/2004. To put it simple, the Directive 2004/38 applies only to social assistance. For the social assistance, the indirect discrimination is permitted. The Regulation applies to social security and special non-contributory benefits. Under the Regulation no discrimination is allowed. In Patmalnience case, the State Pension Credit, which was the payment in dispute, is according to the UK law treated as social assistance, thus under the UK legislation, the indirect discrimination is allowed. Under the EU law, the Annex X of the Regulation 883/2004 lists State Pension Credit payment as special non-contributory benefit and so bans any kind of discrimination for this payment. <br />Thus, The EU law then prohibits indirect discrimination (as well as direct) in the cases where the UK law allows it and justify it. The UK and EU law contradict each other in this matter. This inconsistency could be resolved by the CJEU (the UK v Commission), but it can be only speculated what the outcome will be. Regards to what you state about the Commission thinks that JSA should be treated as social security, I believe it wants it to be treated as Special Non-contributory Benefits. Annex X in the Regulation lists JSA as SNCBs, thus, there is really a slight chance that the Commission would want from the UK to treat JSA as social Security.Anonymoushttps://www.blogger.com/profile/06914119818730774965noreply@blogger.comtag:blogger.com,1999:blog-36227136.post-8372158235214375242013-06-01T01:42:31.924+01:002013-06-01T01:42:31.924+01:00Blah. Blah. Blah.
UK = sovereign nation = EUSSR...Blah. Blah. Blah.<br /><br />UK = sovereign nation = EUSSR can kiss my ass.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-36227136.post-9742377208624649162013-05-31T11:57:17.726+01:002013-05-31T11:57:17.726+01:00The European Court of Justice is the enforcement a...The European Court of Justice is the enforcement arm of the politburo, and has nothing to do with justice.<br />Its remit is to find answers leading to ever closer union, in other words, tightening the noose of the circle of barbed wire tighter round the necks of nation states.<br />Let us hope they find against us: then even the dopiest imbeciles in our government will see that the only way out is out.Rollohttps://www.blogger.com/profile/18255460090580758354noreply@blogger.comtag:blogger.com,1999:blog-36227136.post-88976688569071997982013-05-30T22:39:40.734+01:002013-05-30T22:39:40.734+01:00The immigration rules are clearly even without UK ...The immigration rules are clearly even without UK involvement completely unsustainable. So my strategy would be go for the biggie as OE suggest legally. Try to arrange things politically in a reneg for the UK or a complete overhaul of the rules.<br /><br />But also built in some safeguards and buy time. <br />Time the longer it takes the more likely it is that the issue will be solved politically one way or another. With as extra advantage that welfare-Roma/Kosovars etc. will move to countries like Germany and Sweden were with the other uneducated immigrants they can be very useful in financing the future Swedish pensions. The present group is at the moment too busy with some green projects like reducing the number of cars on the road. As well as given some real Keynesian anti-austerity impuls to the Swedish economy by creating a lot of public spending in a huge number of projects.<br /> <br />Safeguards go for the MS strategy. In case of a negative ruling simply bring in another piece of legislation that achieves the same thing but via another way.<br /><br />Basically I think the UK should be happy with this. Welfare tourism is politically at voter level totally unacceptable in basically total Northern Europe. And it is the stuff governments will be sent home about. No government will let itself be sent home because of some silly Malwoman policies.<br /><br />This if properly managed should have been interpreted in the most restricted way possible as it clearly and totally misses a platform both political and social in the countries that carry the EU financially. So fall out should be minimised as much as possible.<br /> <br /> The more problems other reform minded countries will face in this respect the better it is for the UK as far as the reneg goes. More support plus if it happens anyway not have to give compensation in a reneg scenario. And it makes the possibilty of a treaty change even higher.<br /><br /> My ideas were a couple of months ago that the EU would make itself more and more unpopular mainly because of the crisis. However things in this respect are going much faster now than I expected to be honest. They simply never miss an opportunity to expose themselves as incompetent, irritating, undemocratic, anti-British morons. The anti-British only being applicable for the UK as you will have understood.<br /><br />This looks to go much too fast for a say 4-5 year reneg process. The EU makes itself especially in the UK but also in other places faster unpopular than Usain Bolt can run.<br /><br />Important that Barroso gets reelected (or replaced by someone similar). He clearly completely misses that at one stage in one or more important countries you will require a popular platform to get things through. And when you bump into that problem at the moment you need it you are simply much too late. <br />Baroso is simply completely incompetent in managing that part of the job (PR part). Might be the most important issue at the moment.<br />But approval rates are appalling at best and trend further down. A one dimensional figure (somebody who is nearly totally predictable, as he solves things always in the same way or tries to do that in B's case.<br /><br />It looks btw like the Commission did this thing. Normally it mentions the Commissioner to the media (like Reding with her women red tape ideas). Which makes moving away from it even more difficult than it already is. Battle you cannot win without a proper fall back position. Riknoreply@blogger.com