EU Commission takes the UK to court

[docteurbenway]

Here are some good news and some bad news.

Lets start with the good Ireland and the UK are talking about a mini-Schengen between the two countries as successor to the CTA:

http://www.belfasttelegraph.co.uk/news/ ... 58195.html

And now for the bad news, the EU as we know it might soon end, Greece is now being forced out of the euro, but since there is no legal way to exit the euro, one option that might do it is to use the Lisbon Treaty clause to exit the EU as a whole. Quote:

"Maria Fekter, the gaffe-prone Austrian finance minister, said there was no basis in EU law for a country leaving the single currency, but noted that the Lisbon Treaty included provision for a country departing from the EU."

More here:

http://www.guardian.co.uk/world/2012/ma ... ncy-greece

Update, new interesting UKBA and visa policy article:

http://www.guardian.co.uk/global/2012/m ... on-torture

[Richard66]

I have done my little part:

http://www.whatdotheyknow.com/request/h ... from_e/new

[EUsmileWEallsmile]

Strictly speaking Switzerland is also not behaving, changed once they joined Schengen and now don't accept non-Shengen cards, (though they don't have to comply with the directive). Good effort though!

[docteurbenway]

I have done my little part:

http://www.whatdotheyknow.com/request/h ... from_e/new

Welcome back,

cool, but still i think the whole ECJ case is inevitable, the Tory government and Ms. May are playing the anti EU card these days.

Just read this and smile:

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

[EUsmileWEallsmile]

[quote="docteurbenway"[/quote]

Another interview from your favorite paper.

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

Theresa May

Within the EU, in a wider context, people are increasingly recognising the need to prevent the abuse of free movement.

[EUsmileWEallsmile]

More here

http://www.bbc.co.uk/news/uk-18216538

[docteurbenway]

More here

http://www.bbc.co.uk/news/uk-18216538

Forget about EEA Family members, Ms. May is so ambitious she is going right for the money, restricting freedom of movement for EU citizens. Bravo, bravo.

In this new context, i am really excited about how the ECJ case on freedom of movement is going to go, since it is clear that the deadline is going to come and go with no results.

[EUsmileWEallsmile]

...Ms. May is so ambitious...

For a politician, it's all about staying in the headlines.

[docteurbenway]

Hello everyone,

just checking if anyone has any news on the subject?

It has been rather quite recently.

Regards.

[Directive/2004/38/EC]

If you are expecting fast action, do not bother with European immigration law. Remember this is primarily governed by Directive 2004/38/EC.

[Richard66]

But the deadline for the UK's reply is on Tuesday, 26 June 2012, surely? Something is bound to happen then or shortly afterwards.

[aledeniz]

So i never got a stamp out to confirm that we exited within the "90 days" which i found makes the whole point of stamping in the first place useless.

A couple of times the border officer in EU countries didn't let my wife pass until he had confirmed that all entry stamps were matched with an exit stamp. Last time happened in Italy, the guy kept us 20 minutes, 5 spent because he couldn't match one last stamp. When he finally found the corresponding stamp he smiled to us all happy, as if we should have been grateful he had matched all the stamps and so could let us through. Another time, again in Italy, 2 guys spent half an hour doing that. I must admit my wife's passport has got lots of stamps, she has been holding Schengen visas for a dozen years ...

[Directive/2004/38/EC]

A couple of times the border officer in EU countries didn't let my wife pass until he had confirmed that all entry stamps were matched with an exit stamp. Last time happened in Italy, the guy kept us 20 minutes, 5 spent because he couldn't match one last stamp. When he finally found the corresponding stamp he smiled to us all happy, as if we should have been grateful he had matched all the stamps and so could let us through. Another time, again in Italy, 2 guys spent half an hour doing that. I must admit my wife's passport has got lots of stamps, she has been holding Schengen visas for a dozen years ...

Are you an EU citizen?

[aledeniz]

Are you an EU citizen?

Yes, I am (Italian citizen since birth).

[Directive/2004/38/EC]

This is the reason that you need to be aware of MRAX and travel with a copy of your marriage certificate. http://eumovement.wordpress.com/2010/08 ... to-travel/

The border guards don't have much to do, and so count entry stamps in and out. Pretty silly since they often don't match up. And even sillier since it does not make any difference for your wife.

[aledeniz]

This is the reason that you need to be aware of MRAX and travel with a copy of your marriage certificate.
http://eumovement.wordpress.com/2010/08 ... to-travel/

The border guards don't have much to do, and so count entry stamps in and out. Pretty silly since they often don't match up. And even sillier since it does not make any difference for your wife.

My wife travels a lot on her own due her job, and actually being free to move around the EU is one of her condition of employment, set in stone on her job contract.
It is really not suitable on her case not to have a Schengen visa, she cannot be expected to have to fight all the time her way against airline managers and border guards. After a long fight, involving politicians (my own Italian MP, which is by the way London based, and my own British MEP, which was really not that helpful if not too late) and mainstream italian newspapers (http://www.corriere.it/solferino/severg ... -28/06.spm), we managed to get the italian ministry of foreign affairs to allow people like her (holding a RC issued by the British government as spouse of a EEA citizen) to request a visa (for a long time the Italian consulates weren't even allowed to issue visas to people holding RCs of EU member states).

If you check the websites of Italian consulates, the following bits were added due the case of my wife (and probably some other people in a similar position, but my wife case seems to be the one which got more media exposition):

Please note: if the applicant (husband/wife/children/dependants of Italian and EEA nationals) is travelling ALONE (i.e. without the Italian or EEA national) he/she must submit all the required documents as an ordinary applicant and he/she is subject to the visa fee.

It costs us 60 quid a pop, and it is somewhat bothering to have to produce all the documentation as she wouldn't be a person married with an EU citizen (not to mention she applied for Italian citizenship 2 years ago, and we are still waiting for an answer, after spending more than 2 grands just to get all the documentation they require), but it is surely better than having to try to make your way between UK and Schengen EU without a visa.

[Directive/2004/38/EC]

Interesting story, in several different ways.

[docteurbenway]

But the deadline for the UK's reply is on Tuesday, 26 June 2012, surely? Something is bound to happen then or shortly afterwards.

Well here we are, it is now the 26 of June.

What has changed? Nothing.

Best we can hope for is an ECJ case that might or might not be solved by 2014.

Happy times.

[thsths]

Well here we are, it is now the 26 of June.

What has changed? Nothing.

Best we can hope for is an ECJ case that might or might not be solved by 2014.

And, are you surprised? The UKBA has only ever paid lip service to the European regulations, they have never actually understood the spirit of it. (And they have made no attempt to follow it.)

It is good that this has been stated by the European Commission as clearly as they did. But legal proceedings will take a long time, and the UKBA will resist change at every opportunity (if the past is any indication).

[Richard66]

Yes, but one of the points of pride of the UK's is that it is one of the EEA countries with the lowest level of infringement procedures being carried out against it. I wish I could remember where I read that, but read it I did. When they realise that they will be asked to pay, you bet they will suddenly see the light and wonder what all the fuss was about.

[docteurbenway]

Well, while there is still no news about the ECJ case on the EEA FP situation, here is a great article from my "favorite" newspaper.

This time about more EU vetoes from Cameron:


http://www.telegraph.co.uk/finance/fina ... -grab.html

[acme4242]

http://www.legislation.gov.uk/uksi/2012/1547/made

Amendments to the UK Immigration (European Economic Area)
Regulations 2006 which will come into force on 16 July 2012. ref SI 2012/1547.
Trying to digest it.

Still missing acceptance of other EU 2004/38/EC Article 10 RC's as
substitute for an entry visa or EEA family permit as they call it.

The Immigration (European Economic Area) (Amendment) Regulations 2012

EXPLANATORY NOTE

These Regulations make amendments to the Immigration (European Economic Area) Regulations 2006 (“the 2006 Regulations”) in order—

(a)to give effect to judgments of the Court of Justice of the European Union (“the ECJ”) concerning the circumstances in which individuals can be admitted to, and reside in, the United Kingdom; and
(b)to address issues concerning the transposition of Directive 2004/38/EC and the practical application of the 2006 Regulations.

[docteurbenway]

http://www.legislation.gov.uk/uksi/2012/1547/made

Amendments to the UK Immigration (European Economic Area)
Regulations 2006 which will come into force on 16 July 2012. ref SI 2012/1547.
Trying to digest it.

Still missing acceptance of other EU 2004/38/EC Article 10 RC's as
substitute for an entry visa or EEA family permit as they call it.

The Immigration (European Economic Area) (Amendment) Regulations 2012

EXPLANATORY NOTE

These Regulations make amendments to the Immigration (European Economic Area) Regulations 2006 (“the 2006 Regulations”) in order—

(a)to give effect to judgments of the Court of Justice of the European Union (“the ECJ”) concerning the circumstances in which individuals can be admitted to, and reside in, the United Kingdom; and
(b)to address issues concerning the transposition of Directive 2004/38/EC and the practical application of the 2006 Regulations.

As always, a brilliantly formulated language extravaganza, that is so vague and open to interpretation.

Have been trying to read this, but do not seem to grasp the changes, can anyone translate from legaleese?

[kyanfar]

Dear All,

I was interested to see the result of the EC reasoned Opinion regarding transposing 2004/38/EC into the UK's national Legislation.

Time was due on 26 June 2012, however, there was no news. I contacted the EC by phone and email on 2 July. Today I have received an email regarding the result.

Here is the email:

"Dear Mr M,
I acknowledge receipt of your e-mail of 2 July 2012 concerning the UK's reply to the
Commission's Reasoned Opinion related to transposition of Directive 2004/3 8/EC.
I would like to inform you that, upon the request of the UK authorities, the Commission has
decided to prolong the deadline for the UK authorities to reply until end of July.
Once the reply is analysed, the Commission will decide on the next steps and could also issue
another press release.
Yours sincerely.
Georgia Georgiadou"

[EUsmileWEallsmile]

Interesting.