“The government has today launched calls for evidence on the balance of powers between the UK and the European Union on asylum and immigration, and on the Free Movement of Persons.”
Home Office, 16th May 2013
Source: www.gov.uk/home-office
“Newly released prisoners will be banned from moving around the country when they leave jail to ensure they complete rehabilitation programmes, Chris Grayling has told MPs.”
The Guardian, 27th February 2013
Source: www.guardian.co.uk
N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt (Case C-46/12); [2013] WLR (D) 77
“On the proper interpretation of articles 7(1) and 24(2) of Parliament and Council Directive 2004/38, a European Union citizen who pursued a course of study in a host member state whilst at the same time engaging in effective and genuine employment activities such as to confer on him the status of ‘worker’ within the meaning of article 45FEU of the FEU Treaty could not be refused maintenance aid for studies which was granted to the nationals of that member state.”
WLR Daily, 21st February 2013
Source: www.iclr.co.uk
“After doctors today told the High Court that an Iranian immigrant on hunger strike must be force fed because a ‘delusional disorder’ renders him incapable of a decision on starvation, we look back at three other notorious Court of Protection hearings.”
The Independent, 30th January 2013
Source: www.independent.co.uk
“This paper seeks to take a step back from the intricacies of the DOLS regime that we have learned to know and, at best (I sense) tolerate since it was introduced in April 2009. Rather, it seeks to re examine the fundamental question of what constitutes a deprivation of liberty for purposes of Article 5(1) ECHR in the context of those without capacity to determine their own residence and care/treatment arrangements.”
Full story (PDF)
Thirty Nine Essex Street, November 2012
Source: www.39essex.com
“In what amounts to a defeat for the government, the Supreme Court has decided in this case to refer to the European Court of Justice questions on the interpretation of the EU Citizenship Directive, 2004/38.”
Head of Legal, 31st October 2012
Source: www.headoflegal.com
“A British citizen who had not been resident in the United Kingdom for over 15 years could not vote in the United Kingdom parliamentary election within the meaning of section 1(3) of the Representation of the People Act 1985, as amended. The statutory rule disenfranchising a citizen who had not resided in the UK for 15 years (‘the 15 year rule’) did not infringe the freedom of European Union citizens to move to other member states of the union.”
WLR Daily, 25th October 2012
Source: www.iclr.co.uk
“Whiston, R (on the application of) v Secretary of State for Justice – when a prisoner is recalled from home detention curfew he does not suffer a fresh deprivation of liberty so as to engage Article 5(4) of the Convention.”
UK Human Rights Blog, 25th October 2012
Source: www.ukhumanrightsblog.com
Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti (Case C-249/11); [2012] WLR (D) 269
“European Union law precluded the application of a national provision which provided for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a member state, solely on the ground that he owed a legal person governed by private law a debt which exceeded a statutory threshold and was unsecured.”
WLR Daily, 4th October 2012
Source: www.iclr.co.uk
“Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence in that state, although the provision could not be interpreted as conferring such a right on the person who was the primary carer of the child of a self-employed person. Article 16(1) of Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states meant that a European Union citizen who was a national of a member state which had recently acceded to the European Union could, pursuant to that provision, rely on a right of permanent residence where he or she had resided in the host member state for a continuous period of more than five years, part of which had been completed before the accession of the former state to the European Union, provided that the residence was in accordance with the conditions laid down in article 7(1) of Directive 2004/38.”
WLR Daily, 6th September 2012
Source: www.iclr.co.uk
Rahman and Others v Secretary of State for the Home Department: Case C-83/11; [2012] WLR (D) 259
“Member states of the EU were not required to grant every application for entry or residence submitted by family members of a Union citizen who did not fall under the definition in article 2(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 , even if they showed, in accordance with article 10(2), that they were dependants of that citizen. It was, however, incumbent upon the member states to ensure that their legislation contained criteria which enabled those persons to obtain a decision on their application for entry and residence that was founded on an extensive examination of their personal circumstances and, in the event of refusal, was justified by reasons.”
WLR Daily, 5th September 2012
Source: www.iclr.co.uk
Dülger v Wetteraukreis (Case C-451/11); [2012] WLR (D) 249
“The first paragraph of article 7 of Decision No 1/80 of the EEC-Turkey Association Council meant that a member of the family of a Turkish worker, who was a national of a third country other than Turkey, could invoke, in the host member state, the rights arising from that provision, where all the other conditions laid down by the provision had been fulfilled.”
WLR Daily, 19th August 2012
Source: www.iclr.co.uk
” More than 11,000 people were deprived of their liberty last year using controversial new legislation that critics have argued is ‘not fit for purpose’.”
The Independent, 18th July 2012
Source: www.independent.co.uk
“Article 28EC of the EC Treaty on the free movement of goods, applied to standardisation and certification activities of a private law body, where the products certified by that body were considered by national legislation to be compliant with national law and where that restricted the marketing of products which were not certified by that body.”
WLR Daily, 12th July 2012
Source: www.iclr.co.uk
“On 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will change.
The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.”
UK Border Agency, 13th July 2012
Source: www.ukba.homeoffice.gov.uk
I v Oberbürgermeisterin der Stadt Remscheid (Case C-348/09); [2012] WLR (D) 157
“An individual who had committed an offence, including those referred to in article 83(1)FEU of the FEU Treaty, such as the sexual exploitation of children, could be regarded as constituting a particularly serious threat to one of the fundamental interests of society and therefore could be excluded from a host member state on ‘imperative ground[s] of public security’ pursuant to article 28(3)(a) of Parliament and Council Directive 2004/38/EC.”
WLR Daily, 22nd May 2012
Source: www.iclr.co.uk
“Serious criminals cannot avoid deportation by hiding behind EU rules on free movement, judges concluded yesterday.”
Daily Telegraph, 23rd May 2012
Source: www.telegraph.co.uk
“The Government has been told it has just two months to comply with all of the Free Movement Directive or it will be taken to court.”
Daily Telegraph. 26th April 2012
Source: www.telegraph.co.uk
“Last week’s announcement regarding minimum alcohol pricing was unusual in a number of respects. Plans for the introduction of a minimum price per unit are already well advanced in Scotland, but the Westminster government is a more recent convert. As soon as the proposal was announced, it was clear the implementation was likely to come under legal challenge from the drinks industry. The Telegraph, the Guardian and the Daily Mail all indicate that the drinks industry had ‘legal advice’ that the minimum pricing would be contrary to EU law.”
The Guardian, 28th March 2012
Source: www.guardian.co.uk
“A Union citizen who had been resident for more than five years in the territory of the host member state on the sole basis of the national law of that member state could not be regarded as having acquired the right of permanent residence pursuant to article 16(1) of Directive 2004/38 if, during that period of residence, he did not satisfy the conditions laid down in article 7(1) of the Directive concerning the need to be a worker or to be self-supporting. Periods of residence completed by a national of a non‑member state in the territory of a member state before the accession of the non‑member state to the European Union, in the absence of specific provisions in the Act of Accession, had to be taken into account for the purpose of the acquisition of the right of permanent residence pursuant to article 16(1) of the Directive, provided those periods were completed in compliance with the conditions laid down in article 7(1).”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
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