Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 1158: To ask the Minister for Justice, Equality and Law Reform the steps which he is taking to fully implement European Directive 2004/38/EC; the communication between his Department and the EU Commission on the issue; and if he will make a statement on the matter. [1222/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The European Directive 2004/38/EC was transposed into Irish law by the European Communities (Free Movement of Persons) Regulations 2006 S.I. 226 of 2006 which was signed by my predecessor on 28 April 2006. The Regulations were amended in December 2006 by the European Communities (Free Movement of Persons)(No. 2) Regulations S.I. 656 of 2006 to take into account the accession of Bulgaria and Romania to the EU on 1 January 2007.

The transposition of that Directive, with particular reference to Regulation 3(2) which requires that a non-EEA family member accompanying an EU citizen who is exercising free movement rights must first be lawfully resident in another Member State, was upheld in the High Court in May 2007. This case is now pending before the Supreme Court. A number of cases are currently before the courts. In the circumstances it would not be appropriate for me to comment in more detail on this particular issue.

My Department exchanged written communication with the Commission in 2006 in regard to residence cards issued by other Member States under the Directive and in regard to visa processing for persons to whom the Directive applied. My Department is also due to discuss the Directive more generally with the Commission in the coming weeks.