The Supreme Court rules in favor of the appeal presented by Andalusia Welcomes and APDH-A against the rules of community citizens
Cancel precepts of the Royal Decree that regulates the system of EU citizens and their families
Andalusia Welcomes and APDH-A (Pro Derechos Humanos de AndalucĂa), appealed to the Supreme Court against the Community Regulation, Decree 240/2007 on the entry, free movement and residence in Spain of EU citizens to understand that the language violated rights and discrimination generated important to families of these citizens.
In response to this appeal, the Supreme Court comes to recognize the illegality some of the provisions made by the regulations, cancellations and assuming the legal guarantees that the entities claiming appellants. According
entities, the regulation discriminated against English citizens about the European Union because as a French citizen residing in Spain could reunite his parents, a English citizen with foreign parents would have more difficulty doing so. Since the entry into force of this Supreme Court decision, the ascending may obtain a residence permit without having to visit the country of origin .
Other major changes brought about by the Court Supreme-and-observed recurrent entities is related to the partners of the Community, which will now be able to obtain residency because it gives validity to the records of de facto couples autonomous, something not previously recognized. On the other hand, ensures the maintenance of the residence in case of legal separation before automatically being the same loss as well as the right to maintain the Community scheme for people widowed.
The arguments presented in the appeal pointed to a transposition error and more restrictive of the European Directive in many aspects that made English citizens created first and second category, as they were born in English territory or not. For this sentence, also recognizes the right to work the regrouped over 21 years.
Thus Andalusia Welcomes and APDH-A, appreciate the Supreme Court ruling as a landmark recognition of citizenship rights of these people, which represents a further step in building a fairer society and egalitarian.
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