Document Type

Dissertation

Rights

This item is available under a Creative Commons License for non-commercial use only

Disciplines

5.5 LAW

Publication Details

Successfully submitted in part fulfilment of the requirements for the M.A. in Law 2011

Abstract

The objective of this thesis firstly, is to attempt to explore the impact, influences and challenges that European Union citizenship rules and the adoption of the Citizens Rights Directive has on the right of Union citizens and their family members to reside in Ireland. The thesis examines the shift from “Market Citizenship”- from having adequate financial resources and sickness health insurance for the acquisition of right of residence to now recognizing right of residence for economically inactive persons.1 The thesis assesses the impact of the relevant Treaty provisions on Free movement of Persons and the case laws of the Court of Justice on Irish Immigration laws. Secondly, the thesis apply the relevant Union citizenship rules pre and post Zambrano to the plight of Irish born children and adult married to Third Country nationals in immigration cases in the State. It attempts to establish a resolve to the difficulties adult Irish Citizens have seeking family reunification right for family members either under domestic or European Union law in the State.2 Thirdly, the thesis considers the impact, influences and challenges that Union citizenship rules has also on nationals from other Member States residing in Ireland on the basis of Treaty rights in immigration cases and examine the extent of the Compatibility of specific provisions in the Irish measure implementing the Citizens Rights Directive 2004/38/EC and with the survey analysis to make recommendations for amendment to specific laws and policies in the three areas of concern.3

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