EU Law Baumbast Case Note

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Baumbast Introduction
Baumbast v Secretary of State for Home Department, Free Movement of Persons, extends limits required of EU citizen to gain permanent right of residence in another MS
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Baumbast Facts #1
Mr Baumbast - German national married to Colombian wife, 2 kids - one pure Colombo, one Colombo German, worked in UK for 3 years, then China and Lesotho
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Baumbast Facts #2
Fam applied for indefinite leave - refused, question whether he could permanently reside even though not a worker, family had 0 social assistance and med insurance in Germany
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Baumbast Court Ruling #1
Children justified under Regulation 1612/68 - could attend edu in a MS where migrant worker no longer resident, mother got rights as primary carer irrespective of nationality
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Baumbast Court Ruling #2
Could he get permanent right of residence? CJEU said yes under ART 21(1) TFEU and justified with proportionality - family were not "unreasonable burden" on MS, made a new group for permanent reside - needed 'suff resources' and med insurance
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Baumbast Developing the Law
New group who could perm reside, decision was accepted, enshrined in secondary legislation...
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Baumbast JA #1
Toby Vanhegan, 'The eligibility of parents from abroad with children in school in the UK', 2010 - highlights that Directive 2004/38 "reflects decision in Baumbast"
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Baumbast Developing the Law #2
Some skeptical over decision, the theory wouldn't work in practice' including many like Baumbast would lead to an "unreasonable burden"
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Baumbast JA #2
Eleanor Spaventa, 'Educating Rudy and the non-English patient - a double bill on residency rights under Article 18 EC', 2003, is of 'constitutional significance', what if '10000?' 'more appreciable effects'
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Baumbast Developing the Law #3
Spaventa's view limited, enshrined in legislation, looks like the rules will remain
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Baumbast Conclusion
Significant case, some doubts over the decision, but generally been accepted that these now conditions are a part of EU law
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Baumbast Facts #1

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Mr Baumbast - German national married to Colombian wife, 2 kids - one pure Colombo, one Colombo German, worked in UK for 3 years, then China and Lesotho

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Baumbast Facts #2

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Baumbast Court Ruling #1

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Baumbast Court Ruling #2

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