Source: All England Reporter
Publisher Citation: [2016] All ER (D) 86 (Oct)
Court: Court of Justice of the European Union (Grand Chamber)
Judge:

Judges Lenarts (President), Silva de Lapuerta, Ilesic, Bay Larsen, Toader, Svaby, Biltgen and Lycourgos (Presidents of Chambers), Rosas (Rapporteur), Juhasz, Borg Barthet, Safjan, Berger, Prechal and Jurimae

Judgment Dates: 13 September 2016

Catchwords

European Union - Freedom of movement - Persons - Citizenship - Spanish national legislation prohibiting grant of residence permit when applicant having criminal record - Applicant Colombian national being father and sole carer of two minor children born and residing in Spain - Applicant's application for temporary residence permit in Spain being rejected due to criminal record - Rejection of application resulting in applicant's expulsion from EU territory along with dependant children - Whether national legislation at issue consistent with EU law where consequence being that children required to leave EU territory - Treaty on the Functioning of the European Union, arts 20, 21.

The Case

European Union Freedom of movement. The Court of Justice of the European Union gave a preliminary ruling, deciding that: (i) art 21 of the Treaty on the Functioning of the European Union (TFEU) and should be interpreted as precluding national legislation which required a third-country national to be automatically refused the grant of a residence permit on the sole ground that he had a criminal record where he was the parent of a minor child who was a Union citizen and who was his dependant and resided with him in the host member state; and (ii) art 20 TFEU also precluded the same legislation.

Practice Areas

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