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Mel Cousins

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A2 Workers And The Right To Reside In Ireland – Genov And Gusa V Minister For Social Protection, Mel Cousins Jun 2013

A2 Workers And The Right To Reside In Ireland – Genov And Gusa V Minister For Social Protection, Mel Cousins

Mel Cousins

This case involves a judicial review case in the Irish High Court of a refusal of jobseeker's allowance to two formerly self-employed persons (one Romanian, one Bulgarian) on the basis that they did not have a right to reside in Ireland (as required by the relevant provisions of the Social Welfare Acts). The case raises some similar issues to those raised in the recent Solovastru ruling, in particular, whether or not formerly self-employed workers retain a right to reside under EU law once their self-employment ceases. It was also argued that if the two workers did not have a right …

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A2 Self-Employed Workers And Social Welfare Rights - Solovastru V Minister For Social And Family Affairs, Mel Cousins Aug 2011

A2 Self-Employed Workers And Social Welfare Rights - Solovastru V Minister For Social And Family Affairs, Mel Cousins

Mel Cousins

This note examines the recent decision of the Irish High Court in Solovastru v Minister for Social and Family Affairs. The case concerned the rights of a Romanian migrant worker to benefits under the Irish social welfare scheme and, in particular, (i) whether a person who requires a work permit to take up employment can be considered to be ‘available for work’; and (ii) whether the applicant was habitually resident in Ireland. This, in turn, raised the issue as to whether, under EU law, a self-employed person retains a right to reside under Article 7 of Directive 2004/38/EC in the …

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