Using the McCarthy judgment for visa-free entry

Date: Wednesday 18 February 2015

Time: 18:30 - 20:00

Venue: 54 Doughty Street, London, WC1N 2LS

Speakers: David Lemer, Mark Henderson

CPD: 1.5

Fee: Free

The long-awaited free movement ruling of the Grand Chamber of the EU Court of Justice in McCarthy has now been delivered. The Attorney General led the UK's team in Luxembourg, telling the Court that the matters were of exceptional importance to the UK. The Daily Mail announced the judgment with the headline "Millions more given the right to move to the UK after court rules EU workers free to bring their families... wherever they are from". In this seminar, Mark Henderson and David Lemer, counsel for the McCarthy family, will separate fact from hyperbole. They will explain the extent to which UK visa legislation and carriers liability is incompatible with EU law. They will identify who can rely on the judgment to enforce a right to visa free travel, including how the Court dealt with the UK's claim that the Mr McCarthy's dual nationality meant he could not rely on the Directive. They will give the latest update on the domestic proceedings and what to do in the meantime.

Topics will include:

•The scope of the Court's judgment, including its use by UK citizens and their families

•The treatment of the UK's claimed opt out via the Frontiers Protocol to the Lisbon Treaty

•The extent to which the UK can still rely on Art 35 on abuse of rights and fraud

•Amendments so far to UK law on who requires an EEA family permit to enter

•What happens next in domestic proceedings

•Enforcing the right to visa-free travel before UK law is brought into line with the judgment

•Potential damages claims for existing and future breaches

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