Third country national meaning

In this issue: Brexit headlines Constitutional and administrative law Equality and human rights Judicial review Public procurement Subsidy control and State aid Information law Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Court of Appeal restricts education-based residence right under UK-EU Withdrawal Agreement—R (Ayoola) v Home Secretary In R (Ayoola) v SSHD [2025] EWCA Civ 1519, the Court of Appeal held that Articles 24(2) and 25(2) of the Withdrawal Agreement do not confer fresh residence entitlements; they merely safeguard education‑linked derivative residence rights that existed before withdrawal from the EU. Specifically, children of EU nationals had residence rights under Article 12 of Regulation 1612/68 (later Article 10 of Regulation 492/2011). Their third‑country national parents held residence rights only where their presence was required for the child. CJEU case law acknowledged and reinforced those derivative entitlements. Nonetheless,...

In this issue: Competition and state aid Free movement, immigration and employment Financial services Environment Insurance and reinsurance Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers Competition and state aid State aid—Court of Justice rules on an Italian reference, declaring renewable energy State aid inadmissible. In Case C-514/23, Tiberis Holding, the Court considered questions from Italy on whether a national scheme encouraging electricity generation from renewable sources is compatible with the EU internal market. See News Analysis: EU Competition law—daily round-up (01/08/2025)... State aid—European Commission opens a call for evidence on technical updates to the ETS State aid guidelines. The Commission is seeking views on planned revisions to the Emissions Trading System State aid guidelines (ETS Guidelines), with feedback invited until 5 September 2025. As signalled in the European Chemicals Action Plan of 8 July 2025, the ETS Guidelines will be revised to include further...

R (on the application of Ali) v Secretary of State for the Home Department (The Independent Monitoring Authority for the Citizens' Rights Agreements intervening) [2024] EWCA Civ 1546 What are the practical implications of this case? This ruling prevents the SSHD from adopting a stricter view that demands ongoing, unbroken dependency for adult family members of EU citizens. As a result, it brings clearer guidance and greater assurance to family members relying on the Withdrawal Agreement and Directive 2004/38/EC (the Citizens’ Rights Directive, ‘CRD’). For clients, securing work or achieving financial self-sufficiency after initial admission will not undermine their residence rights, even where they no longer depend on their EU citizen family member. However, where dependency ends for reasons unrelated to employment—for example, a breakdown in the parent–child relationship following the child’s marriage—the continuation of the right of residence cannot be asserted so simply. The judgment therefore most benefits third country national adults who have ceased to be dependent on their EU citizen family because of ‘gainful employment’...

Introduction The intra-EU posting of third-country nationals (TCNs) has become an increasingly prevalent and widely used form of labour mobility, whereby undertakings based in one Member State send staff to deliver services on a temporary basis in another across the Union. Anchored in Article 56 TFEU on the freedom to provide services, this practice draws on the seminal Vander Elst judgment, Case C‑43/93, which clearly confirmed that Member States may not demand additional work permits from lawfully employed TCNs seconded from a different Member State. Although Directive 96/71/EC, the Posting of Workers Directive (PWD), as revised by Directive 2018/957/EU and supplemented by Directive 2014/67/EU on its enforcement, sets out the overarching legal regime for posting, these measures do not spell out the particular arrangements applicable to TCNs (for more on the PWD, see Practice Note: Posting of workers in the EU). Furthermore, the Directive does not prejudice agreements concluded by the Community with third countries, nor the domestic rules of Member States governing the admission to their territory of...

Introduction to the MiFID II level 2 and level 3 roadmap The recast Markets in Financial Instruments Directive (Directive 2014/65/EU (MiFID II)) and the Markets in Financial Instruments Regulation (Regulation 600/2014 (MiFIR)) were published in the Official Journal of the EU on 12 June 2014 and entered into force on 2 July 2014. MiFID II and MiFIR significantly reshaped and broadened the regulatory framework that had been established by the Markets in Financial Instruments Directive 2004/39/EC (MiFID I). As amended, the majority of the Directive and the Regulation began to apply on 3 January 2018, and EU Member States had until 3 July 2017 to transpose MiFID II into domestic law. Following the MiFID II/MiFIR review, the Official Journal of the EU on 8 March 2024 set out Regulation (EU) 2024/791 amending MiFIR and Directive (EU) 2024/790 amending MiFID II. Regulation (EU) 2024/791 entered into force on 28 March 2024. Member States are required to transpose the provisions of Directive (EU) 2024/790 into national law by 29 September 2025...

This document is archived and will no longer be updated. For information on EU EMIR, please see Practice Note: EU MiFID II and MiFIR—essentials and the EU Markets in Financial Instruments Directive (MiFID II) and Markets in Financial Instruments Regulation (MiFIR)—timeline. Introduction to the MiFIR level 1 roadmap The recast Markets in Financial Instruments Directive (Directive 2014/65/EU) (MiFID II), together with the Markets in Financial Instruments Regulation (Regulation (EU) 600/2014) (MiFIR), was published in the Official Journal of the European Union on 12 June 2014 and came into force on 2 July 2014. Taken as a package, MiFID II and MiFIR substantially revised and enlarged the regulatory framework first created by the Markets in Financial Instruments Directive (Directive 2004/39/EC) (MiFID I). As amended, the bulk of the new Directive and Regulation applied from 3 January 2018. EU Member States were given until 3 July 2017 to transpose MiFID II into national legislation, while MiFIR has direct effect across Member States...