Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 880: To ask the Minister for Justice, Equality and Law Reform if he will review the European Communities (Free Movement of Persons) (No.2) Regulations 2006, implementing directive 2004/38/EC which require Regulation 3 (2) Non EU citizen family members to have resided in another EU Member State prior to arriving here to avail of residency rights. [19747/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The compatibility of regulation 3(2) with the relevant European Directive, as referred to by the Deputy, was the subject of a High Court judgment on 28 May 2007. The decision is now subject to an appeal to the Supreme Court and for that reason I am not in a position to comment further on the legal issues involved.