This short paper summarises recent developments in the case law of the Court of Justice of the European Union concerning the rights to residency and equal treatment of economically inactive migrant Union citizens. Rulings such as Dano and Alimanovic have signalled a hardening of judicial attitudes, retreating from some of the more generous case law delivered by the Court in the past. That change perhaps plays to broader political concerns about the free movement of Union citizens in certain Member States – not least the United Kingdom, where such issues are playing a prominent role in the public debate about whether or not to remain a Member State of the European Union.
The United Kingdom left the European Union at midnight CET on 31 January 2020. This article provides a critical analysis of the Withdrawal Package concluded by the Union and the UK. As regards theWithdrawal Agreement designed to facilitate an orderly departure, we analyse the provisions on: governance arrangements; the transition period; citizens’ rights; and the Ireland / Northern Ireland border. We then discuss the prospects for future EU-UK relations as expressed in their joint Political Declaration and developed in their respective post-withdrawal negotiating positions.
This paper addresses one aspect of the European Court of Justice’s troubled case-law on the direct effect of Community directives: the so-called “incidental effect” of unimplemented directives against private parties, and its uncomfortable relationship to the basic framework of legal principles so forcefully affirmed by the Court in Faccini Dori [1994] E.C.R. I-3325. It is argued that the judgments in question can perhaps best be understood as some form of “disguised” vertical direct effect, but that any such solution merely reinforces the unsatisfactory policy quandary which besets this area of Community law.
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