Judgment_paragraph 29 · Shirley McCarthy v Secretary of State for the Home Department (C-434/09)

29Likewise, the Court has also held that a principle of international law, reaffirmed in Article 3 of Protocol No 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, that European Union law cannot be assumed to disregard in the context of relations between Member States, precludes a Member State from refusing its own nationals the right to enter its territory and remain there for any reason (see Case 41/74 van Duyn [1974] ECR 1337, paragraph 22, and Case C-257/99 Barkoci and Malik [2001] ECR I-6557, paragraph 81); that principle also precludes that Member State from expelling its own nationals from its territory or refusing their right to reside in that territory or making such right conditional (see Cases C-370/90 Singh [1992] ECR I-4265, paragraph 22 and C-291/05 Eind [2007] ECR I-10719, paragraph 31).

Shirley McCarthy v Secretary of State for the Home Department (C-434/09)

Key facts

History · 1 version

Connections