Married under the EU Law

In his Opinion delivered on 11 January 2018 (C‑673/16), Advocate General Wathelet brought a detailed analysis of the concept of “spouse” within the meaning of Directive 2004/38 in the context of a marriage between two men, and strengthened the right to freedom of movement of Union citizens. The situation at issue in the main proceedings…

SCHENGEN short stay NEWS

Green light to smart borders and overstayers systematic tracking On 9 December 2017, The Official Journal of the European Union has published the Regulation (EU) 2017/2226 of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the…

Discretion exercised by Member States- principle of “no, unless”

In his opinion delivered on 29 November 2017 in [J. Klein Schiphorst v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (C-551/16)], Advocate General Mengozzi takes an interesting view on the concept of discretion exercised by Member States. The case at issue concerns a dispute between Mr J. Klein Schiphorst, a Netherlands national, and the ‘Uwv’…

Abridged immigration procedures

On 24 November 2017, the Belgian Official Gazette published the Law of 30 March 2017 approving the Convention (No. 34) on the issue of multilingual and coded extracts from civil-status records and multilingual and coded civil-status certificates. Background The Convention aims to facilitate the international circulation of civil-status documents for persons required to provide proof…

Family members of Dual EU Citizens- derived right of residence

Today in (C-165/16), the ECJ enhanced the concept of derived right of residence directly from Article 21(1) TFEU. The case at issue concerns a Spanish national, moved to the United Kingdom and later became a naturalised British citizen, while retaining her Spanish nationality, and her husband, an Algerian national, entered the United Kingdom on a…

Family members of “static EU citizens”-presumption of lawful stay

In his opinion delivered on 26 October 2017 [K.A. and Others v Belgium (C-82/16)], Advocate General Sharpston strengthens the value of the EU citizenship status in case of conflicting interpretations of the EU law. The cases at issue concern EU citizens who have never exercised their rights of freedom of movement (prima facie purely internal…

BELGIUM NEW WORK PERMIT EXEMPTION

The Belgian Official Gazette has published today the Royal Decree of 8 October 2017, amending the Royal Decree of 9 June 1999 implementing the Foreign Workers (Employment) Act of 30 April 1999. The amendment is concerned with the employment of third-country nationals, family members of long-term residents (i.e. holders of a residence permit type D)….

LIMOSA declaration – additional mandatory information

Royal Decree of 14 September 2017, published by the Official Gazette of 20 September 2017, provides for additional mandatory notifications: The nature of services provided by the posted worker. The person designated to liaise with the competent authority (name, date of birth, address, e-mail, phone number, capacity to represent the employer). Where about posting of…

Social Security Coordination in Digital Economy

  In a recent ruling [X v Staatssecretaris van Finaciën (C–570/15)], the European Court of Justice held on the determination of the legislation applicable for social security. The case concerns a Dutch national, residing in Belgium and employed in the Netherlands as an account manager and manager of telecommunication relations for a company established in…

Setting Up a European Identity Document?

Member States issue not standardised national ID cards. and only 13 Member States provide biometric cards. Exercising its right of initiative, the European Commission looks forward to proposing legislative measures, to grant “quality and certainty in identity documents”.  Objectives   Reduce document fraud. Reduce costs to public and private service providers. Facilitate Intra-EU mobility.  Policy…

Latest news on the new EU Blue Card Directive

On June 15th, the European Parliament Committee on Civil Liberties, Justice and Home Affairs, voted the amendments to the proposal for a new EU Blue Card Directive. The committee report tabled for plenary is awaiting the EP first reading. The proposal aims to grant an “wide admission system to attract and retain highly skilled workers…