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Free Movement of Non-EC Nationals: A Review of the Case-Law of the Court of Justice
Willy Alexander 1
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I. Introduction
This article will examine the case-law of the Court of Justice regarding the legal status of nationals of third countries.2
An analysis of the judgments must take account of the fact that non-EC nationals may have rights or benefits either directly under an EC instrument or indirectly as a result of their relationship with an EC national. Because of the fundamental nature of this distinction I have divided this report into two parts. I deal first with the rights and benefits that non-EC nationals derive from their relationship with an EC national; and subsequently with direct rights under an EC instrument.
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1 Barents & Krans, The Hague-Brussels.
2 This issue has been the subject of the following 13 judgments (I
have added the nationality of the persons concerned):
1. Case 40/76,
Karmaschek, [1976] ECR 1669 (Yugoslavia)
2. Case 65/77,
Razanatzimba, [1977] ECR 2235 (Madagascar)
3. Joined Cases 62 and
63/81, Seco, [1982] ECR 223 (not mentioned)
4. Joined Cases 35 and
36/82, Morson and Jhanjan, [1982] ECR 3723 (Suriname)
5. Case 283/83, Meade, [1984] ECR 2631 (USA)
6. Case 267/83,
Diatta, [1985] ECR 567 (Senegal)
7. Case 94/84, Deak, [1985]
ECR 1873 (Hungary)
8. Case 131/85, Gül, [1986] ECR 1573
(Cypriot national of Turkish origin)
9. Case 12/86, Demirel, [1987]
ECR 1573 (Turkey)
10. Case C-113, Rush Portuguesa, (judgment of 27
March 1990, not yet reported) Although this case dealt with EC nationals
(Portuguese employees), it is included in this list because at the time of the
ruling, the persons involved did not enjoy the full rights of EC nationals.
11. Case C-192/82, Sevince, (judgment of 8 October 1990, not yet
reported) (Turkey)
12. Joined Cases C-297/88 and C-197/89, Dzodzi,
(judgment of 18 October 1990, not yet reported).
13. Case C-18/90,
Kziber, (judgment of 31 January 1991, not yet reported) (Morocco).
Although various EEC regulations and directives grant rights to stateless
persons and refugees, there is no case-law dealing with this matter. Therefore,
it will not be discussed in this report.
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This file was last modified:
Tuesday, October 14, 2003 10:57AM