Post on 11-May-2023
EU Rights Clinic was launched in January 2013 to coincide with the European Year of Citizens
Joint initiative of the University of Kent in Brussels and ECAS (European Citizen Action Service)
What is the EU Rigths Clinic?
The EU Rights Clinic offers a service to EU citizens and their family members to resolve complex problems posing obstacles to their EU right of free movement
EU Rights Clinic has the twin aim of:
giving clients a chance for solving their complex case when they cannot otherwise access legal advice
giving clients an opportunity to contribute to improvements in European policy and legislation by using their personal experience as the basis for evidence-based advocacy
Mission
Based in Brussels
Staffed by students enrolled on EU Migration Law course at the university of Kent in Brussels under supervision of lawyer
Supported by:
volunteer legal researchers thoughout EU
volunteer translators throughout EU
pro bono lawyers from Brussels-based law firms and beyond
ECAS facilities and staff
A transnational clinic
Law clinics can advocate for changes to law and policy
EU law provides many opportunities for advocacy
Complaints
Access to documents
Response to public consultation on EU legislation
Surveys on how EU law is enforced
Reports on how EU law can be improved
Campaigns
Advocacy
EU Rights Clinic’s approach
experience gained from providing advice to EU citizens and their family members
is used to advocate for changes in law and policy
Evidence-based Advocacy
Information on visa formalities is not available in all official EU languages
Access to EU documents
-> Consolidated Visa Handbook in all official EU languages
Access to information: visas
Polish visa rules do not comply with EU rules
Polish citizens returning home after exercising free movement rights
-> Correspondence with PL Ministries and Permananent Representation
National law in conflict with EU law
Belgian expulsion of EU citizens breached EU law
Helpdesk launched March 2015
One case on appeal before Immigration Court
-> Multi-party complaint to European Commission
Questionable enforcement of EU law
UK residence formalities most onerous in Europe
EEA(FM) application form numbers 129 pages
Survey of residence forms in other EU countries
-> Complaint to European Commission
Questionable enforcement of EU law
Seven Strategies to Improve Free the Free Movement of Persons
Improving EU legal framework
www.RightToMove.eu
Directive 2004/38 should be recast into a Regulation
The Commission’s powers of investigation should be strengthened
Member states should collate better statistics on the free movement of persons
Member states should deepen their collaboration on the free movement of persons
Civil society organisations should be empowered to help citizens overcome obstacles
Judgments of the EU Court of Justice prior to 2004 should be translated into all languages
A pro- free movement counterfactual should be developed to refute anti-migrant rhetoric
rights.clinic@ecas.org
EU Rights Clinic blog
http://blogs.kent.ac.uk/eu-rights-clinic/
ECAS website
http://www.ecas.org/eu-rights/eu-rights-clinic/
Further information