EU Commission welcomes ECJ decision on free movement of citizens

The European Commission has today welcomed the judgment of the European Court of Justice in the case of Metock and Others v The Minister for Justice, Equality and Law Reform.

The judgment clarified the rights of free movement of European Union citizens and their family members throughout the EU.

The European Court of Justice ruled that, in the case of a married couple, irrespective of when and where the marriage took place and of how the spouse entered the host State, a non-European Union spouse of a citizen of the European Union can reside with that citizen in the European Union without having previously been resident in another Member State.

The Court reminded Member States that they may still refuse entry and residence to any citizen on the grounds of public policy, public security or public health, provided the refusal is based on an individual examination of the particular case.

Member States may also refuse, terminate or withdraw the right of entry and residence in the case of abuse of rights or fraud, such as marriages of convenience.

Brophy Solicitors demanded an apology from the Government.

"Our Government spent vast sums of money fighting these cases when all logic dictated that they were wrong," said a statement.

"The taxpayers of Ireland and the unfortunate families who have been living with the threat of deportation hanging over them, deserve an apology from Minister Ahern - an apology I am sure will not be forthcoming."