Damien English (Meath, Fine Gael)
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Question 333: To ask the Minister for Justice, Equality and Law Reform the reason the regulations as enacted here only apply to family members lawfully resident in another Member State in relation to the enactment of the European Communities (Free Movement of Persons) Regulations 2006, in view of the fact that the regulations as adopted by the European Council do not include this limitation. [22649/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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On 28 April, 2006 I made the European Communities (Free Movement of Persons) Regulations 2006 which transposed into Irish law the European Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The Directive replaced nine previous Directives and amended one European Regulation, No. 1612/68, on the freedom of workers within the Community.

The provision in the Regulations as referred to by the Deputy takes account of rulings from the European Court of Justice, in particular in the "Akrich" case (C-109/01), which dealt with the freedom of movement of workers within the European Union. In that case the Court ruled, inter alia, that in order to be able to benefit from the rights provided for in Article 10 of Regulation (EEC) No. 1612/68 on freedom of workers within the Community, a national of a non-Member State married to a citizen of the Union must be lawfully resident in a Member State when he/she moves to another Member State to which the Union citizen is migrating or has migrated.