All Articles: Free Movement Directive

The European Commission has formally accused the UK government of breaching EU law on free movement of people. Brussels today launched “infringement proceedings” against the UK, the process used to force EU member countries to comply with their legal obligations.  The UK is no longer a member of the European...

14th May 2020
BY CJ McKinney

Today marked a big step in the advancement of the rights of same-sex couples. Following a reference made to the Court of Justice of the European Union (CJEU) by the Romanian Constitutional Court, the CJEU has ruled that “spouses” in Directive 2004/38 include same-sex spouses. The case is C-673/16 Relu...

5th June 2018
BY Nath Gbikpi

The case of R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) marks an important development in the law on the detention of European nationals pending deportation. The key finding is that the standards set out in the Free Movement directive, including proportionality and necessity,...

21st May 2018
BY Nick Nason

The UK government’s policy paper on EU citizens’ rights in the UK after Brexit, released in June 2017, offered reassurances about “safeguarding” rights, while leaving substantial question marks hanging — in particular about what kind of residence would be required to qualify for the new category of “settled status”. After...

19th February 2018
BY charlotteobrien

The claimant in SSWP v NZ (ESA) [2017] UKUT 0360 (AAC) is a Polish national who worked in a chip shop. On 4 September 2017, the Upper Tribunal released a third interim decision in the case, relating to a very specific issue: had the UK derogated from Article 17 of...

3rd October 2017
BY nathgbikpi
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