The law in relation to the rights of EEA nationals comes from a variety of sources, including the following important sources.
The Treaty of Rome and EC law
The rights we are discussing ultimately derive from Treaty of Rome 1957 (as amended by subsequent treaties). The UK became a member of the European Community in 1973, since when provisions of the Treaty of Rome bind the UK by virtue of the European Communities Act 1972.
In 1993 the EEC became known as the European Community (‘EC’). The member states of the EC formed the European Union (‘EU’).
The core of Community law as regards immigration is the right to free movement of EU citizens and their family members for work and other economic activities. The Treaty on the European Union also provided structures for co-operation between governments on issues such as asylum.
Council Regulations and Directives
EU policies are given effect in legislation via ‘regulations’ and ‘directives’. A couple of examples of regulations and directives relevant to this area are:
- Council Regulation 1612/68, which confirms the rights of workers in respect of eligibility for employment, equality of treatment and family members; and
- Directive 2004/38 (also known as the Citizen’s Directive) which relates to the free movement rights of EU citizens.
Immigration (European Economic Area) Regulations 2016
In UK law, the Immigration (European Economic Area) Regulations 2016 (‘2016 Regs’) give effect to the rights in relation to free movement and immigration under EU law.
The 2016 Regs are partly a consolidation of recent judgments and previous EEA regulations including the Immigration (European Economic Area) Regulations 2006, European Economic Area (Amendment) Regulation 2012 (SI 2012/1547), and the Immigration (European Economic Area) (Amendment) Regulations 2013 (SI 2013/1391).
The 2016 Regs are the main basis for decisions on application by EEA nationals and their family members, and therefore the main focus of this Chapter and the SGS.