Aadila, Berthold, Cordelia and Dahhak’s Case Study | Online Assignment Help

The following is a hypothetical situation. Your research should only be addressed to the legal scenario described in this question.

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Aadila, a refugee from Iraq, was granted German citizenship in 2010. Since 2011 she has been in a relationship with Berthold, a Belgian national living and running his own business in Antwerp. They have two children living with them, their daughter Cordelia aged six and Dahhak, Aadila’s eighteen year old cousin. Dahhak has lived with Aadila since 2010 when his parents were killed in a car crash. They were both Iraqi refugees and had applied for, but had yet to receive, Spanish citizenship at the time of their deaths. The family wish to relocate to the United Kingdom.

Berthold runs a business in Belgium specialising in the manufacture and exporting of skiing helmets. He has created a genetically engineered waterproof membrane with incredible strength, for which he has been granted a patent in Belgium. His helmets are coated with this material. The United Kingdom authorities impounded the latest batch of helmets for a month after they were imported into the United Kingdom through the Channel Tunnel. Berthold was informed that they needed to be tested as there had been recent reports in the United Kingdom press of health risks with genetically engineered materials. For the tests Berthold was charged 5% of the total value of each shipment. Furthermore, the United Kingdom authorities require sellers of ski helmets to pay a registration fee of £5 per helmet, which is paid into an injury compensation fund for skiers with head injuries. There are currently no United Kingdom manufacturers of ski helmets, though a number of firms manufacture snowboarding helmets for which there is no registration fee payable.

The Council and European Parliament have recently adopted a (hypothetical) Regulation using the ordinary legislative procedure, which prohibits the manufacture of genetically engineered skiing goods on the basis of health concerns, even though no research has been conducted about this.

Please answer the following three questions:

1. Examine and explain Aadila, Berthold, Cordelia and Dahhak’s rights to leave Belgium, enter, reside and work in the United Kingdom?
2. Critically determine if the charges for testing can be applied by the United Kingdom authorities to Berthold’s imported skiing helmets and if the registration fee is compatible with EU law?
3. Discuss how Berthold can challenge the adoption of the Regulation in the CJEU through Art 263 TFEU?

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