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Spotlight

EU Rights in the Spotlight – from July to September 2018

This EU Rights in the Spotlight section features three ECJ judgments affecting entry and residence facilitation for non-EU partners, social security schemes for posted workers and European arrest warrants.

Where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the non-EU partner with whom that citizen has a durable relationship

On 12 July 2018, the ECJ ruled that a decision to refuse a residence authorisation to a non-EU national and unregistered partner of an EU citizen who is returning to the Member State of which he is a national after having exercised his right to freedom of movement to work in another Member State, must be founded on an extensive examination of the applicant’s personal circumstances and be justified by reasons.

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A posted worker is covered by the social security system of his place of work if he replaces another posted worker, even if those workers were not posted by the same employer

On 6 September 2018, the ECJ ruled that an A1 certificate issued by the competent social security institution of a Member State (Hungary in this case) is binding on both the social security institutions and the courts of the Member State in which the activity is carried out (Austria) so long as that certificate has not been withdrawn or declared invalid by the Member State in which it was issued.

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The notification, by the United Kingdom, of its intention to withdraw from the EU does not have the consequence that execution of a European arrest warrant issued by that Member State must be refused or postponed

On 19 September, the ECJ ruled that mere notification by a Member State of its intention to withdraw from the European Union is not an ‘exceptional’ circumstance capable of justifying a refusal to execute an EAW issued by that Member State.

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Read the full judgment

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