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

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


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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