Preliminary ruling procedure and family reunification rules in the EU - Term Paper Example

is no provision for family re-unification with children, and the best relief that Cathy can get is applying for help at the European Court of Justice. In her application, Cathy argued in terms of the right of free citizenship movement, and the family re-unification directive. However, the tribunal the local tribunal sought an application to the European Court of Justice seeking to identify whether these directives over rule the New Caledonian Law. In analyzing the freedom of freely moving, and whether the application of this law in New Caledonia amounts to overruling their laws, it is essential to define citizenship (Kochenov, 2012).

Under article 17 (1) of the European Union laws, a citizen of the European Union is a person who has the citizenship of a state under the European Union. Section 12 of the amended European Commission treaty provides for certain rights to citizens of the European Union, and amongst them includes the right of non-discrimination, and this applicable within the provisions of the treaty. Article 18 of the amended EC treaty gives individuals the right of free movement within member’s states, but under some limitation.

This right of free movement is limited to the spouse, and to their children. In the case involving the Home Department secretary of State, against Chen Lavette, the European Union Court of Justice ruled that a European Union Citizen, has the right of residing in member states of the European Union, and this right does not contravene the laws of the member state (Sawyer and Blitz, 2011). In the case law, Catherine Chen was born in Northern Ireland; and therefore entitled to receive the Irish Citizenship. Mrs. Chen obtained an Irish passport for her, with the intention of using her child’s status to reside in Wales.

However the British authorities refused to grant her residency permit. The British authorities sought guidance from the European court, and it made a decision favorable to Mrs. Chen (Wiesbrock, 2010). The ECJ