European Union legislation | Case Study

The primary foundations of European Union legislation comprise treaties in between the member
nation as well as treaties between third party and European Union. The secondary legislation
comprise of directives, regulations and decisions.
The justice court of European Union is judicial structure of EU. That implies it pacts with
conflicts in between the competing parties. The ECJ plays significant role of guaranteeing that
legislation of EU is applied and implemented in same manner in all member nations.
In the case of Baumbast and R vs. Secretary of State for the Home Department, the analysis of
Article 8A of treaty of EC in addition to that Article 12 of EEC Regulations No. 1612/68 of
Council relating to unrestricted movement of migrant workers and residence rights under the
necessities of unrestricted movement for migrant workers. Article 39 of European Community
entails right of free movement of workers within community and free movement envisage
eradication of disparity on the basis of nationality in between the migrant workers of member
nations relating to remuneration, employment and other stipulation of employment and work.
Regulation 1612/68 for the purpose of ensuring free movement for migrant workers confer
specific rights upon the worker’s family members. The scope and concept of free movement of
workers was interpretaed broadly under the case law of courts.
The legislation of the community relating to unrestricted movement of workers comprises
of two folds. The earliest and first concerning contain regulation on free movement of workers,
liberty of establishment as well as conferring service. The secondary laws are necessary for the
purpose of facilitating practice of economic liberties has not bound with the cultural, economic
and social progress. Furthermore by taking in consideration the derivative liberty of family
members of the workers the legislation of EU laid down the method for the establishment of