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Hacene Akrich [2003]
June 2, 2007 | Leave a Comment
The impact of fundamental rights on EC law can best be seen in cases concerning third country nationals. After many years in which the interests of third country nationals were largely ignored, EC law is increasingly viewing the rights of third country nationals lawfully resident in one of the Member States as being much the same as those of EU citizens.
The Akrich case is a good example of this impact of fundamental rights on the requirements that EC law imposes. The case concerned the rights of a Moroccan national who had married a UK national, had then moved to Ireland where both worked, and sought to return to the United Kingdom in reliance on EC law. Mr. Akrich had a bad record as an illegal immigrant, and the United Kingdom, perhaps understandably, resisted his attempts to rely on Community law to secure his entry and residence in the UK.
In its judgment on a reference from the High Court, the ECJ emphasized the need for the UK immigration authorities in considering the application of a third country national to be admitted to the UK to have regard to Article 8 ECHR on respect for family life. Those rights belonged, in the case in question, to both the third country national and to the EU citizen to whom he was married.
Given the willingness of the ECJ in this case to refer to the provisions of the ECHR in this manner, it is suggested that there will be fewer future tensions between EC law and the ECHR, although there is still the possibility that conflicts could arise. One of the propositions of the judgment in this case is that when Member States are applying their national immigration laws to a case which has a Community element, they are required to do so having regard to all the requirements of EC law.
Text of the ECJ judgment
Text of the AG opinion