EU Treaty Rights- Residency

European Union citizens and EEA nationals have the right to remain in Ireland and have family members live in Ireland with them if certain criteria are met. 'Family' means your spouse, children under 21, civil partner, other children who are dependent on you and their spouses or civil partners, your parents and your spouse or civil partner's parents, provided they are dependent on you. The EU citizen may remain in the State for 3 months without restriction. If you plan on staying in Ireland for over 3 months you must be either: -Employed or self employed in the State or; -Be enrolled as a student or trainee or; -Have sufficient resources and health insurance to ensure you will not be a burden on the State or; - Be a family member of an EU Citizen in one of the above categories. This area of law is derived from EU Directive 2004/38/EC which was brought into Irish law by the European communities (Free Movement of Persons) Regulations 2006 and 2008. The host member state must facilitate the entry and residence of other family members who do not have an absolute right to move but who are dependent on you or whose health is such that they require care by you. Member states must also facilitate the entry and residence of a partner with whom you have a durable relationship.

Right to Interpretation

The deadline for implementation has passed on an EU Directive concerning the rights of EU citizens and language barriers to fair procedures. This means that EU member States must provide for EU citizens accused in criminal proceedings to have aspects of the process interpreted to them in their own language should the need arise (if the person does not understand the language of the proceedings). The interpreter should be provided free of charge. The EU citizen has the right to have the following interpreted: -police interrogations, -essential meetings between client and solicitor, and -the trial. Documents must also be translated for the EU citizen: -the detention order, -the indictment, and -the judgement. Further information can be found at: www.ec.europa.eu/

New Injuries Board App

For those looking for personal injuries solicitor Dublin and nationwide, there is also now a an Injuries Board smart-phone application which can be downloaded for free. The App can be used by potential claimants to estimate what compensation may be due for an injury. The App also allows potential claimants to submit contact details in order that a member of the Injuries board call back to assist with a claim. The App features an easy to use interface where the user indicates which part of the body was injured on a diagram and the App then lists compensation levels for differing levels of severity of the injury. the App is available for iOS and Android platforms. For more information visit www.injuriesboard.ie .

Ireland – Third Lowest European Rate for Granting Asylum

From the Irish Refugee Council: The latest European statistics on granting asylum show that Ireland has the third lowest The Irish Refugee Council welcomes the improvement in acceptance rates at first instance, but expresses concern at the continuing below average rate of acceptance in Ireland. 10% of cases were granted status at first instance and just 6.8% were successful at appeal. The total percentage of positive decisions was 8.3% compared with 34% in Portugal, 15% in Spain and 39% in the UK. Only Greece at 4.8%, Cyprus (5%) and Luxembourg (1.7%) had lower acceptance rates. Sue Conlan, CEO of the Irish Refugee Council, says: “The continuing low numbers of grants of refugee status or subsidiary protection in Ireland, which leads to the huge delays, show that there are serious deficiencies in the decision making processes. In particular, the statistics of 6.8% positive decisions at appeals bear out the severe criticisms of the refugee appeal body, the Refugee Appeal Tribunal, by the superior courts in recent months. “These deficiencies, which are at the root cause of the delays in the system, will not be remedied without significant reforms, including providing adequate legal advice for applicants and overhauling the appeal body. Neither of which are contained in the proposed the Immigration, Residence and Protection Bill.”

Criminal Legal Aid Transfer Delayed

The transfer of responsibility for the administration of criminal legal aid to the Legal Aid Board has been delayed. The transfer of criminal legal aid from the courts service to the legal aid board is unlikely to affect access to criminal legal aid solicitors and criminal legal aid barristers. It is likely that oversight of income declarations may be strengthened. The transfer was due to take place this year but it is now thought that it will not happen until next year. Criminal legal aid is available to those on a low income and facing sufficiently serious charges in a criminal trial.
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