Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 810: 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. [27079/08]

Dermot Ahern (Louth, 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 took effect 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) in the light of the accession of Bulgaria and Romania to the EU on 1 January 2007.

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 was due to discuss the Directive more generally with the Commission earlier this year. However, the matter was overtaken by events and in particular by a referral to the European Court of Justice in the case of Metock and Others (ECJ Ref No. C-127/08). This case was heard by the Court on 3 June 2008 and a ruling is awaited. In the circumstances I am not in a position to comment further.