Content available online here:
https://www.isel.ie/article/view-free/id/210

Keywords:
citizenship, ireland, free movement, residence, breach, domestic

Abstract:
This article considers the history of the implementation of the Citizens Directive in Irish law, with a focus on the jurisprudence of the Irish courts in this area since the transposition of the Directive into Irish law by the European Communities (Free Movement of Persons) Regulations 2006. It is suggested that whilst the Irish judiciary has generally adapted well to the rights-based regime provided for in the Citizens Directive, the administrative authorities have at times struggled to depart from the traditional emphasis on the sovereign right of the State in the regulation and control of migration. This has resulted in a series of cases in respect of the right of residence, procedures in relation to the issue of residence cards, visa processing and removal/exclusion decisions, whose outcome demonstrates the lessons that ought to be learned, both by domestic decision-makers and those in other Member States, as the consequences of breach of the Directive can be costly