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But that's exactly what Richard is after. That returning citizens should be treated under EU law under certain circumstances has been clarified by the EuJ. Here it is about citizens who do not exercise a treaty right, i.e. the question is if the national immigration law is worse or as good or even better than EU law. And for the record: physically residing in another member state is not the only form of exercising treaty rights (Carpenter case).scrudu wrote:Ireland does the same as the UK. If an Irish citizen has exercised their treaty rights elsewhere in the EU and then returns to Ireland, they can be considered under the European Directive. If not, they are assessed under domestic law.
So, basically all the countries the desperados head for! Apart from Austria of course! Been there twice, all I can remember is being told 'alles geschlossen' - 'everything is closed...'Richard66 wrote:Thanks so far. I would say a list of countries that discriminate against its own nationals would be:
EDIT:Italy give the spouse of Italian Citizens the 4EUFam card under national law, thereby removing reverse discrimination, and allowing freedom of movement to Italian families. Ireland has chosen not to give their own citizen these equal rights, and have not given a proper explanation or justification why.
Greecehttp://www.sef.pt/portal/V10/EN/aspx/le ... nha=4559#0
Law n.Âº 37/2006, August 9
Rules the right of citizens of the European Union and their families to move and reside freely in the national territory and transposes to the internal legal order the European Parliament and Council Directive n.Âº 2004/38/EC of 29 April.
5. Regulations of this law applicable to family members are extendable to family members of citizens of Portuguese nationality, regardless of their nationality.
Article 23 D.lgs 30/2007 says that if more favourable this law [the transposition of Directive 2004/38] appies to family member of Italian citizensArticolo 23
ApplicabilitÃ ai soggetti non aventi la cittadinanza italiana che siano familiari di cittadini italiani
1. Le disposizioni del presente decreto legislativo, se piÃ¹ favorevoli, si applicano ai familiari di cittadini italiani non aventi la cittadinanza italiana
Well, I would say you always have to look at the small print too. In Austria, for example, family members will get the settlement permit in their own right.Richard66 wrote:Thanks so far. I would say a list of countries that discriminate against its own nationals would be:
Could you please elaborate on that? I have not found out information on that, so I cannot understand what this means.* Discrimination of Nationals in comparison to Nationals with dual citizenship or a migration history in another EU state (second class Nationals)