STATUTORY INSTRUMENTS.
S.I. No. 310 of 2008
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EUROPEAN COMMUNITIES (FREE MOVEMENT OF PERSONS)
(AMENDMENT) REGULATIONS 2008
(Prn. A8/1203)
2 [310]
S.I. No. 310 of 2008
EUROPEAN COMMUNITIES (FREE MOVEMENT OF PERSONS)
(AMENDMENT) REGULATIONS 2008
I, Willie O’Dea, Acting Minister for Justice, Equality and Law Reform, in
exercise of the powers conferred on me by section 3 of the European Communi-
ties Act 1972 (No. 27 of 1972) and for the purposes of giving effect to Directive
2004/38/EC1 of the European Parliament and of the Council of 29 April 2004
on the right of citizens of the Union and their family members to move and
reside freely within the territory of the Member States, hereby make the follow-
ing regulations:
Citation
1. (1) These Regulations may be cited as the European Communities (Free
Movement of Persons) (Amendment) Regulations 2008.
(2) The European Communities (Free Movement of Persons) (No. 2) Regu-
lations 2006 (S.I. No. 656 of 2006) and these Regulations may be cited as the
European Communities (Free Movement of Persons) Regulations 2006 and
2008.
Interpretation
2. In these Regulations “Principal Regulations” means the European Com-
munities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656
of 2006).
Amendment of Principal Regulations
3. Regulation 3 of the Principal Regulations is amended by—
(a) the substitution of the following paragraphs for paragraphs (1) and (2):
“(1) These Regulations shall apply to—
(a) Union citizens,
(b) qualifying family members of Union citizens, who are not
themselves Union citizens, and—
(i) who seek to enter the State in the company of those
Union citizens in respect of whom they are family
members, or
(ii) who seek to join those Union citizens, in respect of
whom they are family members, who are lawfully in the
State, and
1
OJ L 229 of 29.6.2004, p. 35
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 5th August, 2008.
[310] 3
(c) permitted family members of Union citizens—
(i) who seek to enter the State in the company of those
Union citizens in respect of whom they are family
members, or
(ii) who seek to join those Union citizens, in respect of
whom they are family members, who are lawfully
present in the State.
(2) Where, before the coming into operation of the Regulations of
2008, a qualifying family member or a permitted family member had
made an application to the Minister for a residence card and the appli-
cation had not been determined by the Minister then, that application
shall be deemed to be an application under these Regulations (as
amended by the Regulations of 2008) and shall be dealt with accord-
ingly.”, and
(b) the insertion of the following paragraph after paragraph (4):
“(5) In this Regulation, “Regulations of 2008” means the European
Communities (Free Movement of Persons) (Amendment) Regu-
lations 2008.”.
GIVEN under the Official Seal of the Minister for Justice, Equality
and Law Reform.
31 July 2008
WILLIE O’DEA
Acting Minister for Justice, Equality and Law Reform
4 [310]
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal
interpretation).
These Regulations were made for the purpose of amending the European
Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No.
656 of 2006) to reflect the decision of the European Court of Justice in its ruling
in the case of “Metock and Others” (C-127/08) on 25 July 2008.
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