Anthony ValckeSolicitor

A joint initiative of

Law Clinics & Advocacy

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

Nature of the problem

Cases

0

10

20

30

40

50

60

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