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Directive 2004/38/EC and Regulations 2015

Forum to discuss all things Blarney | Ireland immigration

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Mal111
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Posts: 384
Joined: Wed Sep 21, 2016 12:44 pm
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Directive 2004/38/EC and Regulations 2015

Post by Mal111 » Tue Feb 06, 2018 12:08 pm

Directive 2004/38/EC was translated into Irish statute book as regulation 2015 the regulations
currently INIS is treating all applications under the regulation 2015 I have read them both under regulation 2015 there is a lot that is in the Directive 2004/38/EC which is not discussed/addressed in the regulations 2015 so the question is all the areas that are in the Directive 2004/38/EC but not brought fwd in the regulations 2015 will they be still valid (enforceable by the eu court of law) under Directive 2004/38/EC ?

members as you can see its a complicated question and it requires a certain level of knowledge of the directives so only people with vast knowledge in this area may reply

thanks

mgb
Senior Member
Posts: 649
Joined: Tue Dec 17, 2013 8:28 pm

Re: Directive 2004/38/EC and Regulations 2015

Post by mgb » Tue Feb 06, 2018 2:07 pm

The content of the directive has priority.
A judge would have to follow the directive if something in the national implementation is missing or wrong.

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