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February 22, 2018
Sally, a British national who is 25 years old and her partner Simon (who is an non EU national), want to move to Spain which is were all her family and friends live. Last year she decided to settle in Spain permanently, and has been living in Madrid for the last 9 months. However, her partner Simon remained in the UK overseeing the sale of their house. Sally wants Simon to come and join her in Spain, as soon as the sale of their house is complete. In the meantime, Sally applied for unskilled work in the kitchens of a State-run secondary school. The wages were very low, but Sally thought that she would qualify for state benefits just until she gets on her feet. She was invited for interview but her application was unsuccessful because she failed a Spanish language test set at interview. Eventually Sally secured employment as a hotel Chambermaid. However, after working in this job for some time, Sally began to feel very despondent about her low wages and she became involved in criminal activity. In the past, she has received criminal convictions for smoking cannabis whilst at University in the UK. Now, she has just been convicted of robbery with violence, and the Spanish Courts is threatening her with expulsion from Spain on grounds of public policy grounds. Advise Sally as to the application of EU Law on the free movement of workers to each aspect of the situation.
How satisfactorily does English criminal law draw the lines between more and less serious forms of homicide?