Emmet Stagg (Kildare North, Labour)
Link to this: Individually | In context

Question 11: To ask the Minister for the Environment, Heritage and Local Government when, on foot of the recent ruling by the European Court of Justice relating to residency rights of non-EU nationals who are the spouse of Irish and other EU citizens, he will instruct local authority housing sections to cease discriminating against EU and Irish citizens who have non-EU national spouses in the matter of eligibility for social and affordable housing; and if he will make a statement on the matter. [35942/08]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
Link to this: Individually | In context

The European Court of Justice (ECJ) decision in question arose on foot of a referral, by the High Court, for a ruling in relation to whether certain provisions of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006, which sought to implement the provisions of Directive 2004/38, were consistent with the Directive. In summary, Directive 2004/38 is concerned with the rights of citizens of the EU and their family members to move and reside freely within the territory of Member States. The referral to the ECJ was particularly focused on a condition included in the 2006 Regulations which required non-EEA spouses of EU nationals seeking to avail of the Directive's provisions in relation to free movement, to demonstrate that they had prior legal residence in another Member State.

The ECJ ruled that the Directive's provisions must be interpreted as applying to non-EEA spouses of EU citizens, irrespective of when or where their marriage took place, and regardless of how the non-EEA spouse may have entered the host State.

The Minister for Justice, Equality and Law Reform has since made Regulations to respond to the ECJ ruling. The European Communities (Free Movement of Persons)(Amendment) Regulations 2008 amend the 2006 Regulations by removing the provision which the ECJ found to be incompatible with the Directive. My Department is now considering the implications, if any, of these Regulations insofar as access to housing supports is concerned, and will issue further guidance to local authorities, as necessary, as soon as possible.