Tag Archives: Brexit

An ‘Important Milestone’: The Judgment in Lounes

Lounes v Secretary of State for the Home Department (C-165/16, EU:C:2017:862) In this judgment, the CJEU has embraced AG Bot’s opinion that EU law does not take away with one hand that which it has given with the other. The … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, European Union, Families, Free Movement, Judicial Review, Permanent Residence, Spouses | Tagged , , , , , , , , | Leave a comment

AG Szpunar: Permanent Residence is Necessary for Enhanced Protection against Expulsion

In EU Citizenship and Federalism: The Role of Rights, Michal Meduna’s entertaining chapter examines the protection EU citizens enjoy against expulsion as a consequence of scelestus europeus sum or “I am a European offender”. Toying with Sir Francis Jacob’s idea … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Enhanced Protection, Germany, Nationality, Permanent Residence, Proportionality, UKSC | Tagged , , , , , , | Leave a comment

Current Accounts in a ‘Hostile Environment’: Bad Banks to Police Immigration Law from Next Year

Should the weeding out of thousands of overstayers, foreign national offenders facing deportation and failed asylum-seekers be delegated to bad banks so that 70m bank accounts can be screened in order to ascertain the account holders’ immigration status? No definitely … Continue reading

Posted in Bank Accounts, Banks, Conduct Costs, Corporate Governance, David Bolt, Economy, Immigration Act 2014, Immigration Act 2016, SFO, Syria | Tagged , , , , , , , , , , | Leave a comment

The Bad Citizen and EU Law

Arranz (EEA Regulations – Deportation – Test: Spain) [2017] UKUT 294 (IAC) (22 August 2017) Over the years, the CJEU has carved out a special status for those bad EU citizens whose extreme crimes totally transgress the laws of the … Continue reading

Posted in Article 5, Article 6, Article 7, Brexit, CFR, Citizens Directive, Citizenship and Nationality, CJEU, Deportation, ECHR, European Union, False Statements, Human Rights Act, Permanent Residence, Proportionality, Refugee Convention, Terrorism, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

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 , , , , , , , , , | 3 Comments

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