Post
by Obie » Wed Oct 31, 2012 4:01 pm
Well i believe new forms will be necessary to incoporate the new classes of people that will now qualify for EEA family permit. The current form does not make provision for category like Zambrano or Baumbast.
I don't think there is much to be worried about.
If UK attempt to make EU application restrictive, then they will essentially be in breach of the Treaty of the Functioning of the European Union. In those circumstances it will be difficult to see the UK being in the EU. Something i don't believe most Eurosceptic Conservative or Even David Cameron wants right now. The other option is paying infringement cost when taken to the CJEU by the commission.
The third obstacle is, the UK has a legislation called the European Communities Act 1972, which paved the way to the UK becoming a member of the EU. This act oblidge all the court in the UK to essentially disapply UK nation Legislation, when they are in breach of community law. It will be difficult to see the court acting unlawfully by accepting the legislation or administrative policies that are contrary to EU law.
Notwithstanding the sound bites we have been receiving from populist UK politician about modifying the freemovement rules, i cannot see this happening at all in the short time.
Smooth seas do not make skilful sailors
