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Press releases and
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23
September 2003
European
Court of Justice clarifies the rights of free movement of
third country family members of EU nationals
Press Release issued by Nicolas Rollason a partner at the London law firm
Kingsley Napley |
Judgement of the Court of Justice in Case C-109/01 Akrich-
23.09.03
In its judgement of 23 September 2003, the ECJ considered the
position of Mr Akrich, a Moroccan citizen, who had resided in
the UK illegally and was married to a British Citizen. He and
his wife had moved to Ireland and after having lived and
worked there, sought to return to the UK under the special
rules for EU workers returning to their own country with their
family members, which were clarified by the Court in the case
of Surinder Singh.
In a worrying development, the Court seems to have
decided that non-EU family members of EU nationals could only
benefit from the free movement rights if they were lawfully
in the country of nationality of the EU citizen before they
and their EU spouse moved to another EU Member State.
The decision seem to conflict with previous decisions of the
Court, for example in MRAX and seems to raise more questions
than it answers. A fuller critique of the judgement will be
posted on the site in the near future.
To read the full text of the judgement please CLICK
HERE. (In doing so you will be leaving the
EILN site)
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