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EU Exam - Problem Question
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***********ACHIEVED A FIRST (77)*********** Problem Question on free movement wIth full answer. Use as guidance ONLY. This is the answer I submitted on TurnItIn for my EU Law Module therefore it is copyrighted and only to be used as guidance on how to answer a problem question.

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  • September 23, 2020
  • 3
  • 2019/2020
  • Exam (elaborations)
  • Questions & answers

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1.Jacques and Jeanne are nationals of (the fictional EU country) Newmonia, and work as
nurses there. Both work very long shifts, Jacques at the Newmonia University Hospital, a
public teaching hospital, and Jeanne at the Newmonia Clinic, a private clinic specialising
in ear, nose and throat conditions. Due to the demands on healthcare in Newmonia,
Jacques is often given consecutive full day shifts with no breaks, and Jeanne is on night
call from 5pm until midday the next morning. This has been happening for over 6 months,
and unfortunately due to extreme exhaustion over long hours, at work this week, they
made some mistakes. They feel as if it was something that could be avoided had they not
been scheduled to work so many shifts and such long hours.


They see on the EU news that the implementation period for (fictitious) Directive 2017/111
passed just last week, and which has as its aim to regulate hours for those in the
healthcare industry in order to avoid employee exhaustion, requiring rest breaks and no
consecutive full day shifts. However, when they bring this up with their respective
employers, they both get the same answer that as per the domestic Healthcare Worker
Act 1955 (fictitious) they are not breaching any laws – it allows consecutive full day shifts
and says nothing about rest breaks.


They both now received letters notifying them officially of being suspended without pay for
their mistakes. Jacques and Jeanne are outraged.


Advise Jacques and Jeanne on their rights under EU law.

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