Category Archives: Citizens Directive

Extremely Deplorable CJEU Ruling on Domestic Violence

SSHD v NA (Pakistan) [2016] EUECJ C-115/15, EU:C:2016:487 (30 June 2016) As pointed out by Guild, Peers and Tomkin in The EU Citizenship Directive: A Commentary (2014), Directive 2004/38/EC “has proven to be a fertile ground for litigation, generating increasing, … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, Domestic Violence, Employment, Proportionality, Women | Tagged , , , , , , , | Leave a comment

Reference by Supreme Court to CJEU: Does Enhanced Protection Depend on Permanent Residence?

Secretary of State for the Home Department v Franco Vomero (Italy) [2016] UKSC 49 (27 July 2016) In analysing the future role of the courts in the post-Brexit legal landscape, Christina Lienen predicts a rise in EU law cases because … Continue reading

Posted in Brexit, Cases, Citizens Directive, Citizenship and Nationality, CJEU, Court of Appeal, Deportation, Permanent Residence, Proportionality, UKSC | Tagged , , , , , , | 1 Comment

Supreme Court: EU Law Fails ‘Nuisance’ Algerian Criminal

R (Nouazli) v Secretary of State for the Home Department [2016] UKSC 16 (20 April 2016) Algeria and immigration bring to mind the image of radical Islam. For example, in a decade long deportation battle involving six Algerian men which … Continue reading

Posted in Algeria, Article 3, Article 5, CFR, Citizens Directive, CJEU, Deportation, Detention, ECHR, European Union, Immigration Act 2014, Judicial Review, Proportionality, UKSC | Tagged , , , , , , , , | 1 Comment

Advocate General Szpunar on Rendón Marín and CS

Strangely enough David Cameron and Theresa May are supporting the UK’s membership of the EU despite their condemnation of the CJEU for usurping the rightful place of Parliament. Masquerading as the “good guys”, they appear less opposed to EU law’s … Continue reading

Posted in Afghan War, Article 3, Article 8, Asylum, CFR, Children, Citizens Directive, CJEU, Deportation, ECHR, Muslims, Pakistan, Politics, Proportionality, Public Interest, Settlement, Terrorism, UKBA 2007, UKSC | Tagged , , , , , , , , , | Leave a comment

EU Spouse ‘Retains’ Higher Ground

Singh and Others (Judgment) [2015] EUECJ C-218/14 (16 July 2015) One would think that yet another case called “Singh” – that too in the Court of Justice of the European Union (CJEU) – would probably be met with open arms … Continue reading

Posted in Citizens Directive, CJEU, Karachi, Permanent Residence | Tagged , , , , | Leave a comment

Pending Case NA (C-115/15): Four Questions For CJEU

European Union (EU) law can be potent stuff; its spectacularly emollient effects are totally life-changing for beneficiaries. Conversely, the abrasive national rules are fraught with treachery and only the fit survive. Impossible things are possible for illegal entrants under the regulations … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, ECHR, European Union, Human Rights, Immigration Rules, Karachi, Pakistan, Permanent Residence | Tagged , , , , , , , | 1 Comment

e-Borders Arbitration Set Aside for ‘Serious Irregularity’

These judgments given by Akenhead J relate to the e-Borders controversy. The e-Borders passenger information system was marketed as a one-stop solution to the UK’s immigration and security problems. Under e-Borders the Home Office sought to create an electronic system to … Continue reading

Posted in Arrivals, Citizens Directive, CJEU, Court of Appeal, Politics, Terrorism | Tagged , , , , , | 3 Comments