Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-09-26-Speech-3-190"
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"en.20070926.14.3-190"2
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"By insisting that non-EU spouses of EU nationals must have lived in another EU Member State before being entitled to residency in Ireland, the Government is I believe in breach of the 2004 directive. Furthermore, singling out the spouses of non-Irish EU nationals for the issuing of deportation orders is contrary to EU legislation which bans discrimination based on nationality.
I would remind the Commission that they informed the European Parliament in 2006 that the 2004 directive on residency should be interpreted by Member States in accordance with the European Court of Justice decisions in July 2002 (Case No C/459/99 (MRAX)) and again in April 2005 (Case No C/157/03). These decisions established that the right of entry and residency in the Community of a third-country national who is a member of an EU citizen’s family arises from that relationship, and depends neither on the legality of their previous residence in the Community nor on the presentation of a residence permit or other permit issued by another Member State. Ireland’s actions clearly breach those court decisions. Consequently the Commission is obliged under the Treaties to take action against the Irish Government."@en1
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