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European Observer on fundamental right's respect

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Case Law C-202/14 (20/05/2014)

Type: Opinion of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/20/2014

Subject: According to the Advocate General, a Member State may not make a third-country national’s right of entry subject to the prior obtaining of a visa, when he already holds a residence card of a family member of a Union citizen issued by another Member State. Authorising a Member State to put such a precautionary measure of general application into effect would be tantamount to permitting it to circumvent the right to freedom of movement and would be contrary to the principle of mutual recognition.

Parties: Sean Ambrose McCarthy e altri / Secretary of State for the Home Department

Classification: Citizens’ rights - Art. 45 Freedom of movement - Freedom of residence

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