EU Commission takes the UK to court

petkanov · Post by **petkanov** » Thu Apr 26, 2012 1:52 pm

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

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

Post by **EUsmileWEallsmile** » Thu Apr 26, 2012 8:02 pm

Interesting, thanks for posting this.

Post by **vinny** » Thu Apr 26, 2012 10:34 pm

European Commission Warning.

mEEA · Post by **mEEA** » Fri Apr 27, 2012 9:10 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 · Post by **anp** » Fri Apr 27, 2012 9:12 am

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

Post by **vinny** » Fri Apr 27, 2012 1:18 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.

El shaddai · Post by **El shaddai** » Fri Apr 27, 2012 1:23 pm

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

docteurbenway · Post by **docteurbenway** » Fri Apr 27, 2012 1:34 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.

Post by **ca.funke** » Fri Apr 27, 2012 1:55 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 · Post by **mEEA** » Fri Apr 27, 2012 2:58 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.

Post by **ca.funke** » Fri Apr 27, 2012 3:16 pm

mEEA wrote:...can one make a petition?...

Not worth anyone´s while!

See also >>here<<.

Rgds, Christian

mEEA · Post by **mEEA** » Fri Apr 27, 2012 3:16 pm

see this:
http://www.europarl.europa.eu/meetdocs/ ... 051_en.pdf

which is from http://en.wikipedia.org/wiki/European_E ... ily_Permit

Post by **ca.funke** » Fri Apr 27, 2012 3:25 pm

mEEA wrote:see this:
http://www.europarl.europa.eu/meetdocs/ ... 051_en.pdf

which is from http://en.wikipedia.org/wiki/European_E ... ily_Permit

That´s >>Richard66´s petition<<.

mEEA · Post by **mEEA** » Fri Apr 27, 2012 5:09 pm

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

Post by **EUsmileWEallsmile** » Sat Apr 28, 2012 9:08 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 · Post by **mEEA** » Sat Apr 28, 2012 5:46 pm

take a look at the comments on this news.

mEEA · Post by **mEEA** » Sat Apr 28, 2012 6:03 pm

this is more comprehensive: Telegraph.

Post by **EUsmileWEallsmile** » Sat Apr 28, 2012 7:33 pm

mEEA wrote:this is more comprehensive: Telegraph.

What a poorly written and misinformed article.

docteurbenway · Post by **docteurbenway** » Sat Apr 28, 2012 7:45 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 · Post by **docteurbenway** » Sat Apr 28, 2012 7:48 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.

docteurbenway · Post by **docteurbenway** » Sat Apr 28, 2012 7:50 pm

Here is clear evidence that they will fight till the very end:

A Home Office spokesman said: “We disagree with the Commission’s opinion, which is not binding, and we will appeal.

Also the poor UK does not even understand why the Commission is being so evil to them:

Bill Cash, the Conservative MP for Stone, said:

“We need to have a demonstration of what it is that we’ve been breaching. I don’t know the basis on which they’re doing this.

Hmmm... mister Cash how about this:

http://www.europarl.europa.eu/meetdocs/ ... 051_en.pdf

and

http://dl.dropbox.com/u/35129465/Immigr ... public.pdf

Or maybe 80% of the posts on this forum plus the complaints and the petitions.

docteurbenway · Post by **docteurbenway** » Sat Apr 28, 2012 8:19 pm

Here is another good one from the Telegraph:

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

And "favorite" parts and my remarks in cursive:

Ministers fear the move could leave taxpayers handing out as much as £2.5 billion to EU nationals, including out-of-work “benefit tourists”, a new cost that could wreck Coalition plans for welfare reform.

Looks like most of the EU nationals exercising their rights in the UK are evil “benefit tourists”

In an outspoken attack today, Iain Duncan Smith, the Work and Pensions Secretary, says the commission’s move is part of a “wider movement” by the “unelected and unaccountable” European authorities to extend their power over the UK.

“This kind of land grab from the EU has the potential to cause mayhem to nation states, and we will fight it,” he writes in The Daily Telegraph.

Looks like an evil conspiracy straight out of the X-Files against the UK, it is so unfair, the poor UK was invaded and forced at gunpoint to join the EU....not

Thousands of jobless from across the EU could seek to take advantage by moving to Britain at a potential cost of billions, said the Department for Work and Pensions.

Brits would never do such a thing like claim benefits while living in another EU state...because they are lovely angels standing against evil

mEEA · Post by **mEEA** » Sat Apr 28, 2012 8:26 pm

I can not, by no means, assume that the Home Office and others do not know what they do. They do not need a "demonstration". This is politically absolutely meaningful to act in this way to set the issue off.

Post by **EUsmileWEallsmile** » Sun Apr 29, 2012 12:03 am

"It is also claimed that the Government should require EU citizens to take out private health insurance when they move here, despite their entitlement to free NHS care, because all other European countries rely on that system."

It would be nice if they read the actual press release prior to reporting.

docteurbenway · Post by **docteurbenway** » Sun Apr 29, 2012 1:49 pm

I think the media like Telegraph and others actually tell the truth about how Brits see other EU citizens. They see them as "immigrants" and "benefit tourists" dying to get to the UK and as far as thieving and criminal eastern europeans.

http://www.thesun.co.uk/sol/homepage/ne ... mpics.html

This while forgetting that thousands and millions of Brits are living in Spain, Germany, Portugal, Malta, Italy, etc... EU citizens and their families make up a small portion of the so called "immigrants", yet they make it sound like the floodgates to hell have been opened upon the pure British lands.

If you browse the news in the last few months or so you will see the sheer level of inefficiency that the UKBA has showed:

http://www.guardian.co.uk/uk/2012/apr/1 ... sfeed=true

http://www.dailymail.co.uk/news/article ... ports.html

http://www.huffingtonpost.co.uk/2012/04 ... 44707.html

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EU Commission takes the UK to court

EU Commission takes the UK to court