Dan Tudor
31-07-2008, 16:59
The European Commission has welcomed the judgment of the European Court of Justice in the case of Metock and Others v. The Minister for Justice, Equality and Law Reform delivered on July 25.
This judgment clarifies the rights of free movement of European Union citizens and their family members throughout the EU.
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.
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.
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080057en.pdf
This judgment clarifies the rights of free movement of European Union citizens and their family members throughout the EU.
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.
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.
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080057en.pdf