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EU rights undermined? (1)

01 January 1991

EU rights undermined?
artdoc July=1994

The Draft European Economic Area Order 1994, debated in
parliament in May, purports to bring UK law in line with the free
movement provisions of the Treaty on European Union and the
European Economic Area (EEA) Agreement, but was greeted less than
rapturously by the Joint Committee on Statutory Instruments,
which expressed the view that the order's provisions on students
were in breach of EU law. As a result of the disagreement, the
House of Lords debate was adjourned for clarification.
Legal commentators believe that the order's shortcomings are
far more serious than even the Joint Committee reservations
allow. They say the Order entirely fails to give effect to the
rights flowing from European Union citizenship created by Article
8a of Maastricht as from November 1993, or the abolition of
internal frontiers in Article 7a. The effect of this is that
European Union citizens (including British citizens) and their
families are obliged to prove their right to live in the UK
instead of getting the benefit of a presumption that they have
the right to live here.
Those family members entitled to join EEA citizens here are
also defined more restrictively than EEA law allows. When this
was challenged in the House of Commons, Home Office Minister
Charles Wardle responded that there was no need to spell out all
family reunion rights, since the EC regulation concerned has
direct effect in UK law `and therefore does not require separate
transposition'. Another contentious area of the draft order is
the exclusion from EEA rights of spouses who are parties to
marriages of convenience. What this provision will do is to open
up all EEA marriages to the same detailed scrutiny as marriages
to British citizens are subjected to currently thus exporting
British immigration controls.
Draft European Economic Area Order 1994; Hansard 9.5.94 cols
65-72.

Statewatch, vol 4 no 3, May-June 1994