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European Observer on fundamental right's respect

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Case Law [2017] IEHC 6 (17/01/2017)

Type: Judgment

Authority: National Courts High Court of Ireland

Date: 01/17/2017

Subject: The decision of the High Court stated the constitutional legitimacy of “habitual residence”, pursuant to the Social Welfare Consolidation Act 2005, as requirement to have access to child benefits, recalling EU legislation relevant in such matter, EU Charter of Fundamental Rights and the jurisprudence of the Court of Strasbourg

Parties: Daniel Agha (a minor), Maria Khan (a minor), Naymatullih Khan (a minor), Rahmat Agha (a minor), (all suing through their mother and next friend Shazia Agha) Zayed Agha and Shazia Agha v. Minister for Social Protection, the Attorney General and Ireland Victoria Osinuga (a minor suing by her mother and next friend, Faith Osagie) and Faith Osagie v. Minister for Social Protection, Ireland and Attorney General

Original language: Irish

Classification: Freedoms - Art. 7 Privacy - Solidarity - Art. 34 Social security - Social benefits - Citizens’ rights - Art. 45 Freedom of movement - Freedom of residence

Text download Irish