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CJEU judgment Metock in the context of Brexit

Publication at Faculty of Law |
2019

Abstract

Firstly, the paper recalls and summarizes the problematic immigration legal implications of the CJEU judgment in the Metock case and puts them in the context of Brexit. Secondly, the EU appeals to the CJEU to review its interpretation of the EU Directive on the free movement of EU citizens in the Metock judgment in order to reduce the risk of further exits from the EU, or to urge the European Commission to propose an appropriate amendment to that directive.

The reassessment of the interpretation, or the proposal to amend the directive, should consist in preventing the "use" of the right of free movement of Union citizens and legalizing the stay of non-EU illegal immigrants, thus resurrecting the CJEU approach in Akňch.