Dano V Jobcenter Leipzig
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Dano V Jobcenter Leipzig
''Dano v Jobcenter Leipzig'' (2014C‑333/13is an EU law case, concerning the free movement of citizens in the European Union. Facts Ms Dano and her son Florin, Romanian nationals, claimed an entitlement to unemployment benefits at the Leipzig Social Court, after being denied by the Jobcenter Leipzig. She was not seeking employment, had no training and had not worked in Germany or Romania before, but had lived in Germany since November 2010 at her sister’s home. Ms Dano received €184 per month in child benefits and €133 per month for maintenance payments. The German law on ''Grundsicherung'' denied help to people who enter purely for social assistance or while searching for employment. The Social Code Book II ('' Sozialgesetzbuch II'') said a person must be ‘capable of earning a living’ although the code as a whole was ‘to enable the beneficiaries to lead a life in keeping with human dignity’. It excluded ‘foreign nationals whose right of residence arises solely o ...
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European Court Of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per Member State – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpre ...
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Free Movement Of Citizens
The European Union citizenship is a legal status afforded to all nationals of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law. EU citizens have freedom of movement, and the freedom of settlement and employment across the EU. They are free to trade and transport goods, services and capital through EU state borders, with no restrictions on capital movements or fees. EU citizens have the right to vote and run as a candidate in certain (often local) elections in the member state where they live that is not their state of origin, while also voting for EU elections and participating in a European Citizens' Initiative (ECI). Citizenship of the EU confers the right to consular protection by embassies of oth ...
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EU Law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ...
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Free Movement Of Citizens
The European Union citizenship is a legal status afforded to all nationals of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law. EU citizens have freedom of movement, and the freedom of settlement and employment across the EU. They are free to trade and transport goods, services and capital through EU state borders, with no restrictions on capital movements or fees. EU citizens have the right to vote and run as a candidate in certain (often local) elections in the member state where they live that is not their state of origin, while also voting for EU elections and participating in a European Citizens' Initiative (ECI). Citizenship of the EU confers the right to consular protection by embassies of oth ...
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Romania
Romania is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern and Southeast Europe. It borders Ukraine to the north and east, Hungary to the west, Serbia to the southwest, Bulgaria to the south, Moldova to the east, and the Black Sea to the southeast. It has a mainly continental climate, and an area of with a population of 19 million people. Romania is the List of European countries by area, twelfth-largest country in Europe and the List of European Union member states by population, sixth-most populous member state of the European Union. Europe's second-longest river, the Danube, empties into the Danube Delta in the southeast of the country. The Carpathian Mountains cross Romania from the north to the southwest and include Moldoveanu Peak, at an altitude of . Bucharest is the country's Bucharest metropolitan area, largest urban area and Economy of Romania, financial centre. Other major urban centers, urban areas include Cluj-Napoca, Timiș ...
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Leipzig
Leipzig (, ; ; Upper Saxon: ; ) is the most populous city in the States of Germany, German state of Saxony. The city has a population of 628,718 inhabitants as of 2023. It is the List of cities in Germany by population, eighth-largest city in Germany and is part of the Central German Metropolitan Region. The name of the city is usually interpreted as a Slavic term meaning ''place of linden trees'', in line with many other Slavic placenames in the region. Leipzig is located about southwest of Berlin, in the southernmost part of the North German Plain (the Leipzig Bay), at the confluence of the White Elster and its tributaries Pleiße and Parthe. The Leipzig Riverside Forest, Europe's largest intra-city riparian forest, has developed along these rivers. Leipzig is at the centre of Neuseenland (''new lake district''). This district has Bodies of water in Leipzig, several artificial lakes created from former lignite Open-pit_mining, open-pit mines. Leipzig has been a trade city s ...
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Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total population of over 84 million in an area of , making it the most populous member state of the European Union. It borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The Capital of Germany, nation's capital and List of cities in Germany by population, most populous city is Berlin and its main financial centre is Frankfurt; the largest urban area is the Ruhr. Settlement in the territory of modern Germany began in the Lower Paleolithic, with various tribes inhabiting it from the Neolithic onward, chiefly the Celts. Various Germanic peoples, Germanic tribes have inhabited the northern parts of modern Germany since classical ...
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Sozialgesetzbuch
Social security in Germany is codified on the ''Sozialgesetzbuch'' (, SGB ), or the "Social Code", contains 12 main parts, including the following, *Unemployment insurance and public employment agencies (SGB II and III) *Health insurance (SGB V) *Old age, widow's/widower's, orphans and disability pension insurance (SGB VI) * Invalidity insurance (SGB VII and IX) *Child support (SGB VIII) *Social care (SGB XI) Unemployment Unemployment benefit I The ''unemployment benefit I'' in Germany is also known as the unemployment insurance. The insurance is administered by the Bundesagentur für Arbeit (Federal Employment Agency, BA) and funded by employee and employer contributions. This in stark contrast to FUTA in the US and other systems; where only employers make contributions. Participation (and thus contributions) are generally mandatory for both employee and employer. All workers with a regular employment contract, except freelancers and certain civil servants, contribute to th ...
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Charter Of Fundamental Rights Of The European Union
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009. The Charter forms part of the area of freedom, security and justice (AFSJ) policy domain of the EU. It applies to all the bodies of the European Union and Euratom which must act and legislate in accordance with its provisions, as the EU's courts will invalidate any EU legislation or ruling assessed as non-compliant with the Charter. The EU member states are also bound by the Charter when engaged in implementation of the European Union law. However, Poland has been granted a parti ...
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European Union Law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ...
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