ECJ Judgment – Grand Chamber – Citizenship of the European Union – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of a Member State – Right of entry – Third-country national who is a family member of a Union citizen and in … Continue reading McCarthy and Others v Secretary of State for the Home Department: ECJ 18 Dec 2014
Order for reference to European Court of Justice Judges: Lord Ballantyne UTJ Citations: [2012] UKUT 269 (IAC) Links: Bailii Jurisdiction: England and Wales Cited by: Reference – Onuekwere v Secretary of State For The Home Department ECJ 3-Oct-2013 ECJ Opinion – Right of Union citizens to move and reside freely within the territory of the … Continue reading Onuekwere (Imprisonment – Residence) Nigeria: UTIAC 3 Aug 2012
UTIAC The judgment in Pedro [2009] EWCA Civ 1358 establishes that in respect of family members who are dependent direct relatives as defined by Article 2.2(d) of Directive 2004/38/EC, proof of dependence in the host Member State (the United Kingdom) can suffice for them to qualify for a right of residence. However, this judgment does … Continue reading VN (EEA Rights – Dependency) Macedonia: UTIAC 22 Oct 2010
The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension. Held: A refusal to pay the pension would dissuade workers from moving around within the EU, and was therefore contrary to EU law and the Citizens Directive. … Continue reading Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019
Grand Chamber – Freedom of movement for persons – Directive 2004/38/EC – Right of permanent residence – Article 16 – Legal residence – Residence based on national law – Period of residence completed before the accession to the European Union of the State of origin of the citizen concerned Judges: V Skouris, P Citations: C-425/10, … Continue reading Ziolkowski and Others v Land Berlin: ECJ 21 Dec 2011
V, Italian, lived in the UK since 1985. On the breakdown of his marriage he moved in with a Mr Mitchell who he later killed. On release from his sentence for manslaughter, the Appellant decided to deport him. The Court of Appeal rejected the Appellant’s appeal from the overturning of the deportation. The Supreme Court … Continue reading Secretary of State for The Home Department v Vomero (Italy): SC 24 Jul 2019
ECJ Citizenship of The European Union – Right To Move and Reside Freely – Enhanced Protection v Expulsion – Judgment – References for a preliminary ruling – Citizenship of the European Union – Right to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 28(3)(a) – Enhanced protection … Continue reading B v Land Baden-Wurttemberg: ECJ 17 Apr 2018
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016
Judgment – Freedom of movement for persons – Union Citizenship – Directive 2004/38/EC – Right of residence for more than three months – Article 7(1)(b) – Person no longer having worker status – Person in possession of a retirement pension – Having sufficient resources not to become a burden on the ‘social assistance system’ of … Continue reading Brey v Pensionsversicherungsanstalt: ECJ 19 Sep 2013
UTIAC 1. Essa rehabilitation principles are specific to decisions taken on public policy, public security and public health grounds under regulation 21 of the 2006 EEA Regulations. 2. It is only if the personal conduct of the person concerned is found to represent a genuine, present and sufficiently serious threat affecting one of the fundamental … Continue reading MC (Essa Principles Recast): UTIAC 11 Sep 2015
The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been placed in the legal guardianship of European Union citizens under the … Continue reading SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018
UTIAC 1. Although the question whether Article 7(3) of Directive 2004/38/EC deals exhaustively with the circumstances in which a jobseeker can retain the status of a worker in EU law has been held by the Supreme Court in Saint Prix v Secretary of State for Work and Pensions [2012] UKSC 49 to require a reference … Continue reading Shabani v Secretary of State for The Home Department (EEA – Jobseekers; Nursery Education): UTIAC 24 Jun 2013
ECJ (Grand Chamber) Freedom of movement for persons – Directive 2004/38/EC – Decision refusing a citizen of the European Union admission to a Member State on public security grounds – Article 30(2) of the directive – Obligation to inform the citizen concerned of the grounds of that decision – Disclosure contrary to the interests of … Continue reading ZZ v Secretary of State For The Home Department: ECJ 4 Jun 2013
ECJ Judgment – Free movement of persons – Citizenship of the Union – Equal treatment – Economically inactive nationals of a Member State residing in the territory of another Member State – Exclusion of those persons from special non-contributory cash benefits under Regulation (EC) No 883/2004 – Directive 2004/38/EC – Right of residence for more … Continue reading Dano v Jobcenter Leipzig: ECJ 11 Nov 2014
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