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EU Commission takes the UK to court

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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keffers
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Post by keffers » Mon Jan 07, 2013 5:32 pm

Don't need official statistics other than the GDP per capita of the countries from which the vast majority of people come and the types of jobs taken up. People from the UK in the main leave to retire / start a business after acquiring wealth.

Is there a single report anywhere in European media of waves of British citizens arriving virtually penniless with family in tow to work in the service industry and/or being provided with state assistance?

I would be very interested if there is.

Its not rocket science.

Obie
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Post by Obie » Mon Jan 07, 2013 11:14 pm

It is important to not that there are over 1 million British Citizens residing in the EUropean Union (other than the UK).

Over half of the UK's trade is done with the European Union.

These notion of benefit tourist makes no sense to me. There are safeguards in the directive and the EEA regulations, to remove people who are an unreasonable burden to a states resource, or to refuse them benefits.

The UK has the right of residence test which people who want to claim benefit has to meet. A benefit tourist cannot certainly meet that rule.

It is important to note the the right of worker to claim to up benefits, was suggested by a British Advocate general, selected by the UK to represent the UK in the ECJ. The late Sir Gordon Slynn is a British and he recommended in his opinion in Kempf that a worker should not loose his/her status simply because they claim benefit.

He was also instrumental in Levni, in suggesting the definition of a worker.

Therefore irrespective of the rubbish that Mr Cameron utter about the EU or so called non-existent benefit tourism, the facts speaks otherwise.

Germany contributes far more significantly to the the EU than the UK, but we don't see them whinning.

It is hardly surprising that some segment of the EU are suggesting a two tier EU, where the UK is place on tier 2.

It is interesting that despite his toxic rhetoric on EU, Mr Cameron is suggesting a stay in.
Smooth seas do not make skilful sailors

fysicus
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Post by fysicus » Tue Jan 08, 2013 8:42 am

As Obie already pointed out, there are ample safeguards in the EU rules against benefit tourism.
On top of that I would like to mention that the social support systems in most EU countries are far better than in the UK, so if intra-EU benefit tourism would be possible, it would likely lead to a net outflux from the UK rather than the other way around.

keffers
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Post by keffers » Tue Jan 08, 2013 9:07 am

The UK has been a net contributor to the EU budget for 40 years (well over £100 Billion). I suspect the vast majority of the 1 million British citizens who live in the other countries of the EU are retired/semi-retired and have either bought their own homes and are self-sufficient (pension/savings).

A very simple example of how the system can be milked:

http://www.express.co.uk/posts/view/274 ... ent-abroad

Its not the claimant's fault - its the system which is too generous and wide open to abuse.

If anyone on this board actually believes David Cameron to be opposed to British membership of the EU, they know little about him or his party.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Jan 10, 2013 2:56 pm

keffers,

You might be interested in some research done on free movement: DID THE EUROPEAN FREE MOVEMENT OF PERSONS AND RESIDENCE DIRECTIVE CHANGE MIGRATION PATTERNS WITHIN THE EU?
Secondly, in particular in the context of welfare tourism, the Swedish case after EU-enlargement cannot be ignored and is thus dealt with here. Sweden was one of the countries that did not apply any TA to new EU Member States. Thus, it is useful to have a closer look at whether changes in the migration flows to Sweden can be observed after such a short period.

keffers
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Post by keffers » Thu Jan 10, 2013 3:30 pm

Interesting article but not enough comparative data between countries on the benefits available and entitlement.

As usual, the potential immigration benefit is bolstered by reference to people who are not immigrants (descendants).

But see below for a different perspective:

http://www.telegraph.co.uk/news/uknews/ ... phole.html

http://www.migrationwatchuk.org/briefingPapers#Economic

Managed immigration according to economic needs or virtually unlimited immigration on a wing and a prayer?

I know which makes more sense - but give me 1 hard-working immigrant over 100 home-grown layabouts any day of the week.

docteurbenway
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Post by docteurbenway » Fri Jan 11, 2013 11:12 am

All discussions aside, has anyone heard of new developments on the infringement process against the UK? Any idea how long would this thing drag on?

frei
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Post by frei » Fri Jan 11, 2013 11:57 am

One would expect it to be as long as 2 years.

kyky
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Post by kyky » Fri Jan 11, 2013 4:28 pm

Hi all,

I requested the Commission to disclose the reply of the British Government from 24.07.2012. I beleive there is nothing wrong with posting the entire reply from the Commission since there is nothing confidential there.

I want to use the chance and appeal against their refusal. Please I need your help. I need all kind of ideas on how to motivate my appeal. I Have 2 weeks time from now.

From the answer below I deduce that the Commission has not initiated any further step in the infringement process since April 2012. With this speed of action the story will last for another decade.
I refer to your e-mail of 21 November 2012 applying for access to documents which has
been registered under reference Gestdem 2012/5516.
In your e-mail, you have requested access to the reply of the UK authorities to the
Commission's reasoned opinion related to infringement 2011/2054.
On 22 June 2011 the Commission initiated infringement proceedings against the UK under
Article 258 of the Treaty on the Functioning of the European Union (TFEU) for failure to
transpose Directive 2004/38/EC correctly. The UK authorities submitted their observations
on 22 September 2011.
As the UK reply was not satisfactory, the Commission addressed to the UK authorities on
26 April 2012 a Reasoned Opinion under Article 258 TFEU and invited the UK authorities
to take the necessary measures to comply with the Reasoned Opinion. The UK authorities
replied on 24 July 2012.
I regret to have to inform you that the document you require comes under the system of
exceptions provided for in the European legislation related to access to documents, and that
we cannot therefore provide it to you. The exception that applies to the document you
requested is enshrined in Article 4(2) third indent of Regulation No 1049/2001, according
to which:
"The institutions shall refuse access to a document where disclosure would undermine the
protection of the purpose of inspections, investigations and audits, unless there is an
overriding public interest in disclosure."
Indeed, the document requested concerns an on-going infringement procedure against the
UK, which, if disclosed, would undermine the protection of the purpose of the investigation
of compliance of UK law with EU law. It contains the interpretation of EU and UK laws by
the Commission and the UK authorities which was exchanged in the framework of the
assessment of the transposition of the Directive and possible infringement proceedings
under Article 258 TFEU.
Infringement investigations call for genuine co-operation and mutual trust between the
Commission and the Member State concerned so as to enable those two parties to open
discussions with a view to a resolution of the dispute.
I also consider that there is no overriding public interest in disclosing the document despite
the protection under Article 4(2) third indent of Regulation No 1049/2001. The information
provided in the official Commission’s press release1 on the occasion of adoption of the
Reasoned Opinion strikes the right balance between protecting the above interests and
informing the public. There seems to be no need at this stage in further disclosing, even
partially, details of the Commission’s assessment of UK law before the Court of Justice of
the European Union provides an authoritative interpretation of EU law.
However, if you wish to appeal against this decision, you should write to the Commission
Secretary-General at the address below, repeating your initial request. You have fifteen
working days from receipt of this letter in which to appeal. Beyond this deadline, your
initial request will be considered withdrawn.
The Secretary-General will inform you of the outcome of this re-examination of your
request within fifteen working days of receipt of your request, either by granting you access
to the document or by confirming the refusal. In the latter case, she will also inform you of
any further appeal routes you may take.
All correspondence must be sent to:
The Secretary-General
European Commission
B-1049 BRUSSELS

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Jan 11, 2013 8:08 pm

@kyky, I don't think the commission will change their mind and disclose any more. The procedure is being followed.

Note that the UK courts have appeared to have referred a case to the ECJ on this point anyway.

docteurbenway
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Location: Germany

Post by docteurbenway » Sun Feb 17, 2013 10:12 am

A "brilliant" and "sophisticated" article from the Daily Mail can be found here:

http://www.dailymail.co.uk/debate/artic ... ds-newsxml

And I quote:

"Today, the Mail starts a series on the potential consequences of throwing open Britain’s borders to countless immigrants from Romania and Bulgaria.
Citizens of these two desperately poor countries – sadly rife with corruption and organised criminality – describe how they are making eager preparations to travel here on January 1, when existing immigration controls are due to be lifted."

docteurbenway
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Location: Germany

Re: EU Commission takes the UK to court

Post by docteurbenway » Thu Apr 10, 2014 11:31 am

Anything new here?

I made a new thread, cuz i wasn't able to find my previous posts:

http://www.immigrationboards.com/eea-ro ... 62152.html

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