Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
One in four family lawyers contemplates leaving the profession, Resolution reveals
A quarter of family justice professionals are on the verge of quitting the profession as the toll of lockdown on their mental health becomes clear, the family law group Resolution revealed today,...
Family Law Awards adds a Wellbeing Award - enter now
This past year has been different for everyone, but family law professionals working on the front line of family justice have faced a more challenging, stressful and demanding time than most. To...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
Eight things you need to know: Personal Injury damages in divorce cases
The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years.  However, the conundrum can be even...
Misogyny as a hate crime – what it means and why it’s needed
In recent weeks, the government announced that it will instruct all police forces across the UK to start recording crimes motivated by sex or gender on an experimental basis- effectively making...
View all articles
Authors

European Court of Justice overturns Irish ban on non-EU spouses

Sep 29, 2018, 17:21 PM
Slug : 29-07-2008-european-court-of-justice-overturns-irish-ban-on-non-eu-spouses
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 29, 2008, 04:23 AM
Article ID : 89495

The European Court of Justice has ruled that, in the case of a married couple, irrespective of when and where the marriage took place and of how the spouse entered the host State, a non-European Union spouse of a citizen of the European Union can reside with that citizen in the European Union without having previously been resident in another Member State.

Irish legislation transposing the Directive on free movement of Union citizens provided that a national of a third-country who was a family member of a Union citizen may have joined that citizen in Ireland only if he was already lawfully resident in another Member State.

However the ECJ ruled on Friday in Metock and Others v The Minister for Justice, Equality and Law Reform that the Irish laws are incompatible with the Directive on the free movement of EU citizens.

The case involved four couples where the husbands were third-country nationals who arrived in Ireland and applied for asylum. In each case the application was refused. While resident in Ireland those four persons married citizens of the Union who did not have Irish nationality but were resident in Ireland. None of the marriages was a marriage of convenience.

After the marriage, each of the non-Community spouses applied for a residence card as the spouse of a Union citizen. The applications were refused by the Minister for Justice on the ground that the spouse did not satisfy the condition of prior lawful residence in another Member State.

Actions were brought against those decisions in the High Court of Ireland, which asked the Court of Justice whether such a condition of prior lawful residence in another Member State was compatible with the Directive.

The European Commission welcomed the ruling saying it clarified the rights of free movement of European Union citizens and their family members throughout the EU.

The Court reminded Member States that they may still refuse entry and residence to any citizen on the grounds of public policy, public security or public health, provided the refusal is based on an individual examination of the particular case. Member States may also refuse, terminate or withdraw the right of entry and residence in the case of abuse of rights or fraud, such as marriages of convenience.

Categories :
  • News
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from