archigabe wrote:Can we appeal the decision saying the regulations S.I. No. 656 of 2006 European Communities (Free Movement of Persons) ( No. 2) Regulations 2006 come into operation only on 1 January 2007.
If we applied in 2006 we would come under the old regulations which does not require residency in another european country...anyways the whole damn law is unconstitutional!
The act of the DoJ is in a total breach of the community law.Protest as suggested is a good idea.But the main pain is when they are forced to pay for cost of any court proceeding in the event that they lost.And by the available case laws,they will definitely loose the case.
''Having regard to the judgment in Case C‑109/01 Akrich [2003] ECR I‑9607, Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Community national who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State''
Before the commission take any case to ECJ there must be people with valid proof that the DoJ has denied them of their rights.Present this cases to the Commission,on that bases can they can take the Republic of Ireland to ECJ.
Mourning all day here without taking an action may not help.
Protest may only influence the DoJ but will not change alot.But the court can do.
Waiting for the court case in June,do any one knows the content of the suit/court case.?