Newsgroup: it.politica
Titolo: Sommario della contoversia Danimarca-UE attuale

Metock Case Ruling: EU Brings Down Danish Immigration Law
Two months ago, the Irish held a referendum on the Treaty of Lisbon. We all
now know how it ended. One of the elements in the run-up to that referendum
was the Irish concern for their abortion laws. The Irish have an abortion
legislation that doesn't fit in the minds of most liberal journalists. They
also thought that the Treaty of Lisbon could liberalize it against their
will. That is why the Irish voted "No," some argue, even after so many
explicit promises by politicians that there was absolutely no reason to
worry. On 26 July, the Court of Justice of the European Communities (Ecj)
proved the Irish right: National law is subordinate to whatever is ruled on
the European level. As a consequence, the Danish Prime Minister Anders Fogh
Rasmussen found himself in trouble: after the ECJ ruling in the Metock case
the Danish immigration legislation is now completely void and worthless.
Here is a verbatim quote from the press release from the European Court of
Justice:
  A non-community spouse of a citizen of the Union can move and reside with
that citizen in the Union without having previously been lawfully resident
in a member state. The right of a national of a non-member country who is a
family member of a Union citizen to accompany or join that citizen cannot be
made conditional on prior lawful residence in another Member State.
This ruling came after a lawsuit started by four black men who had sought
asylum in Ireland. Their application was rejected by Ireland, but in the
meantime each of them had married a non-Irish EU citizen, and wanted to
appeal to EU law to obtain a residence permit in Ireland. However, the Irish
state ruled that the EU law did not apply because they had not stayed in
another EU country before coming to Ireland. However, the European Court of
Justice rejected that argument and ruled that the four men should be given a
residence permit.
http://bp3.blogger.com/_rqH4fUbko2U/SIrse0wM2TI/AAAAAAAAIAg/ixWidm_MrW8/s400/Ikogo.jpg
<--- [Metock & co]
Almost immediately after the ruling, some couples showed up "spontaneously"
at the city hall in Copenhagen to demand residence permits for their non-EU
spouses. Since 2002, Denmark has greatly restricted the possibilities for
immigration, but the ruling in the Metock case brings down the entire Danish
immigration legislation. To make things worse, this ruling comes on top of a
small scandal that emerged last month in Denmark, when it became known that
candidate immigrants had not always been fully informed by the immigration
officers about all their rights and possibilities to enter the country and
obtain residence permits.
But let us go back for a while to the background of the current - or should
I write former? - Danish immigration laws. Just like most other Western
European countries, Denmark has considerable numbers of immigrants who do
not always fit in seamlessly with the rest of its population. Forced
marriages at a very young age with cousins or nieces from the home country,
who depend on social welfare programs for years once they have moved to
Denmark, were unfortunately all too common. To tackle this problem the
Danish government introduced a few conditions into its immigration
legislation. Not much is left of these conditions now. Even the
Indvandringsprøve (Immigration test) that was planned for 2009, and that can
be compared to the German Einbürgerungstest for immigrants, now comes into
question.
Danish public radio DR summarized the situation after the Metock case ruling
like this:
  1.. Until now, spouses or children who wanted to use family reunification
had to have a permanent residence permit in another EU country prior to
their arrival to Denmark. The ECJ removes this condition.
  2.. A Dane who comes back from abroad together with his non-EU spouse had
to have been working as an employee or freelancer during his stay abroad.
This condition has been reduced by the ECJ to a period of just a couple of
weeks.
  3.. Upon his return to Denmark, the Dane had to be able to support himself
and his or her spouse. This condition was already removed in December last
year due to the ruling in the Eind case, also delivered by the European
Court of Justice.
  4.. Moreover, the EU allows family reunification without having to
consider the Danish rules like the minimum age of 24, the presence of
stronger ties to Denmark than to the home country of the spouse, good living
conditions and sufficient income, financial guarantees and the nephew-niece
rule.
In practice all this means that a Danish immigrant now can rely on his
European rights to circumvent the entire Danish immigration legislation. It
suffices to spend one's honeymoon on the other side of the Øresund in the
Swedish town of Malmö doing some simple job - cashier at a supermarket or
taxi driver will do - and one may import one's bride or groom into Denmark.
The European Commission is very excited about the Metock case ruling.
However, the ruling caused quite a stir on the right of the Danish political
spectrum. Pia Kjærsgaard of the Danish People's Party (Dansk Folkeparti, DF)
said the government should simply ignore the ruling from the European Court
of Justice. Prime Minister Anders Fogh Rasmussen of the Liberal Party
(Venstre) replied that the Danish People's Party should cool down a bit from
the recent summer heat. According to him it would be irresponsible to defy
the judges of the European Court of Justice, because in the long term it
would lead to chaotic situations in the EU. It should be noted that Anders
Fogh Rasmussen's conservative minority government usually relies on the
Danish People's Party for its majority in parliament.
But what do the people in the street think? An opinion poll for the
newspaper Jyllands-Posten showed that a majority of 57% disagrees with the
Prime Minister, and wants to keep the Danish immigration legislation as it
is. Only 33% of the people interviewed said they wanted the Danish
legislation to be adjusted to the European ruling. These results are in
sharp contrast to the results of another poll though, conducted for the
business newspaper Børsen, that suggested there is still a solid majority to
abolish Denmark's four so-called EU exceptions to the Maastricht Treaty.
Anders Fogh Rasmussen now wants to try to solve the problem using diplomacy,
and has joined forces with nine other EU countries, including Ireland,
Finland and Great-Britain, to convince his other European colleagues to
detail the rules on the free movement of workers more precisely.
That is the core of the problem: the rules for the free movement of workers
were not detailed enough, thus giving the judges of the European Court of
Justice the possibility to interpret them as broadly as they liked. This
also means that when the Danish politicians promised their voters that
Denmark was not giving up its sovereignty by joining the European Union and
then implementing a whole series of treaties, they probably did so in good
faith. And to link back to the Irish referendum: if the Danish immigration
legislation could be wiped out like this by a simple European Court ruling,
who says the Irish or Polish abortion laws will not be next in turn to be
brought down by some European judges?
Moreover, the U-turn which Maria Wetterstrand of the Swedish Green Party
(Miljöpartiet de Gröna) did earlier this year is illustrative. Officially
the Green Party still wants Sweden to withdraw from the European Union, but
Wetterstrand says she has personally come to the conclusion that Swedish EU
membership is not bad after all. The reason? The way one can work with
environmental issues in the EU, and that the EU is not afraid to use all the
means at its disposal to force solutions upon on its member states.
http://www.brusselsjournal.com/node/3457
-- 
Give us back our countries: Stop the criminal multiculturalism ideology
enforced upon the white world against the will of its peoples, leading to
mass immigration from the third-world: Mul-cul + pol-corr = lethal mixture
for the white world. And give us back our freedom: Dismantle all
surveillance technology.

Blog interessante:
http://eureferendum.blogspot.com/2008/07/taking-us-for-mugs.html
"Michael Laudahn eOpposition" <nuke.is...@your.earliest.convenience> 
schrieb im Newsbeitrag news:...
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