Implications For Member States
All member states have implemented Metock.
Ireland reacted swiftly, implementing the judgment just four working days after receiving it and undertaking to apply it retrospectively. Austria, Cyprus, Czechoslovakia, Denmark, Germany, Finland, France, Italy, Lithuania and the United Kingdom are amongst other member states that amended their legislation or policy as a result of Metock.
Regarding the issue of reverse discrimination, Austria has explicitly legislated that their nationals must have exercised their right of free movement to gain European Union family reunification rights. Italy, however, decided to avoid reverse discrimination by granting their nationals the same rights of family reunification as their non-national Union citizens.
Attention has switched in a number of member states to preventing abuse of European Union rules on residence rights. These include Denmark, France, Hungary, Ireland, Lithuania, the Netherlands and Sweden.
Denmark, Ireland and the Netherlands have called for amendments to be made to the Citizenship Directive 2004/38. The Netherlands has announced its intention to open negotiations at the European level to put an end to abuses of the so-called "Europe route" where a national migrates to another member state for a period of time so as to exercise his right of free movement and thus gain European Union rights of family reunification on his return, circumventing national restrictions. A small but growing number of member state nationals, especially from Denmark and the Netherlands, indulge in such migration to the concern of their national authorities. On 5 October 2012, the Council of State of the Netherlands requested a preliminary ruling from the Court on four questions relating to the "Europe route".
Read more about this topic: Metock Case
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