Irish court declare EEA Regulation 5(2) on durable partner incompatible

[Obie]

The court in Ireland has ruled that the regulations failed to lawfully transpose Article 3(2)(b) into Irish law by failing to provide a legislative definition of the term Durable partner.

The court also found that the plaintiff was deprived of an Effective remedy as the Irish review system did not provide that to him.

Very interesting and far reaching judgement.

It is legally sound, but I suspect the minister may seek to challenge it.

http://courts.ie/Judgments.nsf/09859e7a ... enDocument

[MantisToboggan]

Here's a tip. Judgments written by Judge Barrett are rarely legally sound.

This case has since been heard in the Supreme Court , and I'm about 95% sure it will be overturned.

[Obie]

I do not personally see what is wrong with that Judgement.

Following Rahman C-83/11, states are required to promulgate legislative provision to give effect to Article 3(2).

An applicant ought to be able to know what Durable Relationship means im national legislation, so they can facilitate a successful application.

[MantisToboggan]

States don't have to legislate for commonly understood terms in the Directive - particularly where the directive didn't see the need to define it.

A durable relationship is one similar to marriage. It's quite difficult to lay down exactly what proofs should be required but it's one of those things if it walks like a duck, has feathers like a duck and quacks like a duck .... it's a duck. We all know it when we see it.

[Obie]

Legal certainty is a very important principle in law.

An EU national may be detered from moving to Ireland in order to exercise his or her treaty rights, if he does not the certainty that his unmarried partner with whom he has a young child will be able to reside with him, owing to the failure of the national authority to set out factors consistent with Article 3(2)(b), which the partner must meet inorder to secure residence rights.

I do not believe Justice Barrett mistake in Jones should forever be held against him.

He has given many judgement, which still remains good law.

[MantisToboggan]

He is the most appealed Judge in the High Court. Because he is almost always wrong, like he was here in Pervaiz.

I've yet to meet any couple who were deterred from moving to Ireland because of a decision like the one in Pervaiz.

If anything the granting of a permission more often seems to result in the EU national leaving Ireland.

[MantisToboggan]

https://www.irishtimes.com/news/crime-a ... -1.4268760

As I predicted.

[Obie]

.

If anything the granting of a permission more often seems to result in the EU national leaving Ireland.

I do not agree with the premise of your assertion.

You are proceeding on the basis that all marriage are suspicious and once residence is granted, the EU citizen then leaves the state.

You have no figures or evidence to back that, and i respectfully disagree.

[MantisToboggan]

https://www.irishtimes.com/news/crime-a ... -1.4122030