La Cour de justice de l’UE garantit le droit au regroupement familial[en] 

The judgment, based on four cases brought before the High Court of Ireland, was issued on 25 July and could have far-reaching consequences for several countries' migration legislation. 

The Court found that Irish law, which allows residency to be granted only to those third-country nationals who have already lawfully resided in another EU country, contradicts EU Directive 2004/38 on the rights of citizens of the Union and their family members to move and reside within the territory of the member states.

The Court stressed that, while asserting the Union citizens' right to move and reside freely within the territory of member states, the Directive also provides that free movement be granted to their spouses and families, irrespective of their nationality. It adds that this right cannot be made conditional. 
"The right of a national of a non-member country who is a family member of a Union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another member state," the ruling said.

Late and inaccurate transposition of the Directive has already led to infringement procedures in a number of EU member states, but the ruling could have even further-reaching consequences on its member countries' laws as the European Court of Justice has called on national authorities to review their legislation to make sure it is in line with the EU Directive. 

The Court also stressed that free movement of people within the Union takes precedence over national measures on immigration.

Encouraged by the court’s decision, several couples staged a demonstration in Copenhagen last Monday (28 July), asking the Danish Ministry for Integration to review the rejection of their applications to settle in Denmark. 

While the ECJ ruling is perceived by many in Denmark as a form of interference, a review of the country’s entire system of immigration has been announced.