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EU Commission takes the UK to court

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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petkanov
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EU Commission takes the UK to court

Post by petkanov » Thu Apr 26, 2012 12:52 pm

Some good news for people residing under EU law in the UK:

http://europa.eu/rapid/pressReleasesAct ... anguage=en

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Apr 26, 2012 7:02 pm

Interesting, thanks for posting this.

vinny
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Post by vinny » Thu Apr 26, 2012 9:34 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mEEA
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Post by mEEA » Fri Apr 27, 2012 8:10 am

What does this suppose to mean? I doubt that this would have immediate effect, as UK authorities already were well aware that they interpret the laws different from the other member states. Can EC enforce these? I doubt it. This warning will be forgotten soon and in a couple of years there will be another warning and so on.

anp
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Post by anp » Fri Apr 27, 2012 8:12 am

I also don't think UK will agree. At least not while the Conservatives are in power.

vinny
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Post by vinny » Fri Apr 27, 2012 12:18 pm

docteurbenway wrote:Hello everyone,

was just browsing the net when i stumbled on an article about UK Directive 2004/38/EC infringement procedure

You can read the article here:

http://www.egovmonitor.com/node/49649

and here

http://europa.eu/rapid/pressReleasesAct ... anguage=en

In short:

Source: European Commission
Published Friday, April 27, 2012 - 07:38

The European Commission has given the United Kingdom two months to comply with European Union rules on the free movement of EU citizens and their families across the EU or face an EU court case. The Commission's request takes the form of a reasoned opinion (the second step in the three-step EU infringement process). The Free Movement Directive (2004/38/EC) aims to ensure that EU citizens can fully enjoy their rights to freely travel, live and work anywhere in the European Union. The Commission may refer countries that are not fulfilling their obligations to the Court of Justice of the EU.

One of the main points:

* The Free Movement Directive guarantees that non-EU family members of EU citizens who hold a valid residence card issued by one EU country can travel together with EU citizens within the European Union without an entry visa. The UK laws do not grant this important right which lies at the heart of free movement.

Looks like things are moving forwards and the case should be in court by June-July.

Cheers.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

El shaddai
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Post by El shaddai » Fri Apr 27, 2012 12:23 pm

Uk need and must comply or the ECJ will decides who wins, Fingers Cross.

docteurbenway
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Post by docteurbenway » Fri Apr 27, 2012 12:34 pm

Lets hope for the best.

The way i see it, this thing could be resolved this year, if not and the ECJ has to decide then the average processing time for an ECJ case is roughly 2 years in the worst case scenario.

If the UK decides to fight to the bitter end, then they could comply round the time of the Scotland Independence referendum and the next general election.
Last edited by docteurbenway on Fri Apr 27, 2012 2:57 pm, edited 1 time in total.

ca.funke
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Post by ca.funke » Fri Apr 27, 2012 12:55 pm

the ugly truth:
  • 29 April 2004 - 2004/38/EC was made
  • 30 April 2004 - 2004/38/EC came into effect
  • 29 April 2006 - deadline for implementation by all memberstates
  • 10 December 2008 - Commission realises that the Directive isn´t properly transposed
    • 2.5 years. cool.
  • 02 July 2009 - Commission suggests how to better transpose the Directive
    • only 6 months since realising what is wrong, lightning speed for Brussels
  • 26 April 2012 - Commission cares to tell the UK that what they are doing is illegal (=has been illegal for the last 6 years!)
    • overall 6 years since the deadline, 8 years since everybody knows what should be the case.
Our rights have thus been disregarded for 6 full years, and no help from anyone in sight. Great, dear EU. Thanks! You created a real fan! ;)

I know that other things with the EU take a long time, but usually this concerns products, not people. Did anyone in Brussels realise they´re dealing with humans in this case?

mEEA
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Post by mEEA » Fri Apr 27, 2012 1:58 pm

ca.funke wrote:the ugly truth:
  • 29 April 2004 - 2004/38/EC was made
  • 30 April 2004 - 2004/38/EC came into effect
  • 29 April 2006 - deadline for implementation by all memberstates
  • 10 December 2008 - Commission realises that the Directive isn´t properly transposed
    • 2.5 years. cool.
  • 02 July 2009 - Commission suggests how to better transpose the Directive
    • only 6 months since realising what is wrong, lightning speed for Brussels
  • 26 April 2012 - Commission cares to tell the UK that what they are doing is illegal (=has been illegal for the last 6 years!)
    • overall 6 years since the deadline, 8 years since everybody knows what should be the case.
Our rights have thus been disregarded for 6 full years, and no help from anyone in sight. Great, dear EU. Thanks! You created a real fan! ;)

I know that other things with the EU take a long time, but usually this concerns products, not people. Did anyone in Brussels realise they´re dealing with humans in this case?
interesting facts! I am now more sure that this is not going anywhere! can one make a petition? I mean there are a huge number of people in here that a peition is interesting for them. Moderators and more experienced people please comment.

ca.funke
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Post by ca.funke » Fri Apr 27, 2012 2:16 pm

mEEA wrote:...can one make a petition?...
Not worth anyone´s while!

See also >>here<<.

Rgds, Christian

mEEA
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Post by mEEA » Fri Apr 27, 2012 2:16 pm


ca.funke
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Belgium

Post by ca.funke » Fri Apr 27, 2012 2:25 pm


mEEA
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Post by mEEA » Fri Apr 27, 2012 4:09 pm

Thanks Chris, probably you are right. Rgds, meaa.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Apr 28, 2012 8:08 am

anp wrote:I also don't think UK will agree. At least not while the Conservatives are in power.
I'm not sure it matters who is in government. The policies were developed under the previous administration.

mEEA
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Post by mEEA » Sat Apr 28, 2012 4:46 pm

take a look at the comments on this news.

mEEA
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Post by mEEA » Sat Apr 28, 2012 5:03 pm

this is more comprehensive: Telegraph.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Apr 28, 2012 6:33 pm

mEEA wrote:this is more comprehensive: Telegraph.
What a poorly written and misinformed article.

docteurbenway
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Post by docteurbenway » Sat Apr 28, 2012 6:45 pm

mEEA wrote:take a look at the comments on this news.
Yeah looks cool, i especially "like" these:

Matt - April 27, 2012 at 00:12 Report comment
The British people want an EU referendum. Britain, is full up. We cannot take any more unskilled people.
21 Reply to Matt

cg.tours - April 26, 2012 at 22:23 Report comment
Britain should put its own Citizens first-! and so Should South Africa.
Britain should get out of the EU as soon as possible- it is going down anyhow! It is not working and more than half of the Eu Countries are useless and bankrupt!

JustAnOpinion - April 26, 2012 at 16:19 Report comment
Hmmm, I wonder why the UK would discriminate against the fine citizens of Romania and Bulgaria. They should give the friendly, honest and crime-free citizens of Romania the same movement rights as those of the Swedes! Romania has no reputation of thieving citizens and benefits spongers whatsoever. Preposterous!
102 Reply to JustAnOpinion | 1 comment (hide)
41 Reply to cg.tours

robbie.crouch - April 26, 2012 at 15:39 Report comment
The EU has forgotten that the members are still sovereign nations.
175 Reply to robbie.crouch | 2 comments (hide)

docteurbenway
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Post by docteurbenway » Sat Apr 28, 2012 6:48 pm

EUsmileWEallsmile wrote:
mEEA wrote:this is more comprehensive: Telegraph.
What a poorly written and misinformed article.
Oh my word, they have finally admitted that they will lose an ECJ case!

See this quote from the Telegraph article:

Legal experts believe it would be impossible for the Government to implement all the changes required of it on time, and that it would likely lose at least one aspect of any case brought to the European Court of Justice in Luxembourg.
Last edited by docteurbenway on Sun Apr 29, 2012 12:34 pm, edited 2 times in total.

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