tag:blogger.com,1999:blog-8704899696538705849.post4354876953002504943..comments2024-03-29T04:53:16.437-07:00Comments on EU Law Analysis: The UK implements EU free movement law – in the style of Franz Kafka Steve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-8704899696538705849.post-36225312999162858172015-12-30T06:39:20.463-08:002015-12-30T06:39:20.463-08:00He is British so is residing in Spain, so his non-...He is British so is residing in Spain, so his non-EU wife should be able to obtain a residence card. In McCarthy the CJEU said that the fact that he seeks to visit his home country with non-EU family is irrelevant, the residence card still entitles her to be free of the 'family permit' rule or any visa. So that's clearly a victory.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-67721850838708082892015-05-11T16:59:48.707-07:002015-05-11T16:59:48.707-07:00The EU free movement law only requires waiver of a...The EU free movement law only requires waiver of a visa (leaving aside travel between Schengen countries) if the person concerned is the family member of an EU citizen *who has moved to another Member State*. If you are the family member of a Romanian citizen living in Romania, then the free movement law does not require a visa waiver. If you are talking about longer-term stay, then the CJEU has not ruled directly on that point yet. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-60461318990350366902015-05-10T13:33:39.002-07:002015-05-10T13:33:39.002-07:00Steve, I have a confusion; could please clarify it...Steve, I have a confusion; could please clarify it for me? You say that UK implemented McCarthy redefining a ‘qualifying EEA State residence card’ to include a residence card issued by any EU Member State. My understanding is that Mr McCarthy is British. Doesn't this condition make him qualify under Surinder Singh since he and his family live in Spain exercising treaty rights? If so, why McCarthy ruling is considered to have been a victory if his wife (and any spouse of a Brit exercising treaty rights in a EEA Country) still can't got through UK Border Control easily unlike any other spouse of EEA-national in possession of an article 10 residence card?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-54305420979673461422015-04-20T02:28:03.120-07:002015-04-20T02:28:03.120-07:00The EU Commission can sue any Member State for bre...The EU Commission can sue any Member State for breaching EU law. It has published reports detailing how many Member States (not just those two) breach the Directive, but has not taken any action and unfortunately there is no way to make it do so. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-10389990483040409242015-04-19T15:43:54.590-07:002015-04-19T15:43:54.590-07:00Ireland still subject me to apply for 3 months EEA...Ireland still subject me to apply for 3 months EEA family permit even though I have a Romanian residence card with the observation: 'Family Member of a Romanian citizen'. When I wrote to the EU commission and Irish Ministry of Justice & Equality?, they said if my card would have read: Family Member of an European Union Citizen, they would have allowed me to travel to Ireland without EEA Family permit visa. My question is: Is a Romanian citizen not an European union citizen and vice versa? All Non-EU family members of EU family seems very very helpless and our EU Treaty Rights is not respected at all. Pathetic.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-74408960637429296202015-04-19T15:38:03.118-07:002015-04-19T15:38:03.118-07:00I don't know why EU cannot sue the UK & Ir...I don't know why EU cannot sue the UK & Ireland for deliberately breaching EU law. What's wrong with the EU itself?Anonymousnoreply@blogger.com