Tag Archives: Brexit

Zambrano Carers: ‘Benefits Tourism’ and EU Law

The right to care is not an express function of the EU Treaties or the law of freedom of movement. Yet under case law even a non-EU citizen primary carer can claim a right of residence on the basis of … Continue reading

Posted in Article 14, Article 8, Brexit, CFR, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Judges, Judicial Review, Miller, Neuberger PSC, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , , | 1 Comment

The Home Office Must Prove Abuse Of EU Law Rights

Sadovska & Anor v Secretary of State for the Home Department (Scotland) [2017] UKSC 54 (26 July 2017) During these proceedings, the Supreme Court said it was “delighted” to hear its first appeal in Scotland. Without a doubt, the appellants … Continue reading

Posted in Article 12, Article 8, Brexit, Citizens Directive, ECHR, Enforcement, European Union, Permanent Residence, Proportionality, Spouses, Tribunals, UKSC | Tagged , , , , , , , | 1 Comment

‘The Duty of the CPS is to the Public’: Article 8 and Prosecuting Refugees for False Documents

SXH (Appellant) v The Crown Prosecution Service (Respondent) [2017] UKSC 30 “This woman, in her short life, has had to endure experiences of the most horrific nature,” is how Lord Kerr described the appellant’s ordeal. However, the Supreme Court dismissed … Continue reading

Posted in Agents, Article 5, Article 6, Article 8, CPS, ECHR, Judicial Review, Refugee Convention, Somalia, UKSC | Tagged , , , , , , , | 2 Comments

Free Movement and Deportation: Nonjudicial Restrictions on the Right to Work are Lawful

R (Lauzikas) v Secretary of State for the Home Department [2016] EWHC 3215 (Admin) (16 December 2016) Like countless other European citizens, the Lithuanian claimant, Lauzikas, came to the UK to work the construction industry. He entered the UK in … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Detention, ECHR, Employment, European Union, Human Rights Act, Immigration Act 2014, Notices, Proportionality, UKSC, Working | Tagged , , , , , , , , , | Leave a comment

Brexit and the Rule of Law

R (Miller & Anor) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (03 November 2016) Gina Miller says she brought these proceedings to preserve the rule of law. The businesswoman explains that when she … Continue reading

Posted in Brexit, Business, Citizens Directive, CJEU, Economy, European Union, Hale JSC, High Court, Homophobia, Judges, Miller, Neuberger PSC, Pakistan, UKSC | Tagged , , , , , , | 2 Comments

The Sick Man of Europe: Can Theresa May Save the UK?

These days the British rule with two queens but they are still quite sick. Of course, the ills of their country are almost exclusively related to Brexit – a meaningless word not long ago. “Change is in the air” and … Continue reading

Posted in Banks, Blogging, Brexit, Business, Cases, Citizens Directive, Citizenship and Nationality, Employment, Financial Services, High Court, Immigration Act 2014, Pakistan, Politics, Students | 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