... it is possible that she will be a partner rather than a salaried employee at Scrooge & Co, so Article 43 EC should also be considered. Coles suggests that Article 39 and 43 EC are 'mutually exclusive' and that 'in practical terms since the rights available under both are reasonably equivalent, there should be relatively little concern placed on distinguishing which to plead'. 3 Article 39(1) EC provides that 'freedom of movement for workers shall be secured within the Community' and Article 39(3) EC provides, inter alia, that 'it shall entail the right, subject to limitations justified on grounds of public policy, public security or public health, to accept offers of employment actually made and (sic) to move freely within the territory of Member States for this purpose.'4 I am told that Danielle has recently been offered a position with Scrooge & Co, but has come to the UK even ...

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