Someone recently bought our

students are currently browsing our notes.

X

Case C-459/99 Mouvement contre le racisme, etc (MRAX) v Etat Belge

[2002] ECR I–6591

Case summary last updated at 12/02/2020 19:13 by the Oxbridge Notes in-house law team.

Judgement for the case Case C-459/99 Mouvement contre le racisme, etc (MRAX) v Etat Belge

This case concerned a procedure for publication of banns (official announcements) of marriage and the documents which must be produced in order to obtain a visa for the purpose of contracting a marriage in the Kingdom of Belgium or to obtain a visa for the purpose of reuniting a family on the basis of a marriage contracted abroad. ECJ said that a MS could not refuse entry or send back a spouse of a non-EU citizen even if he doesn’t have the required entry documents (passport, visa etc), provided he is able to prove his identity and his conjugal ties, procedure for publication of banns of marriage and the documents which must be produced in order to obtain a visa for the purpose of contracting a marriage in the Kingdom of Belgium or to obtain a visa for the purpose of reuniting a family on the basis of a marriage contracted abroad. (This is based on a construction of Article 3 of Directive 68/360, Article 3 of Directive 73/148 and Regulation No 2317/95, read in the light of the principle of proportionality). The Court also found that a member state could not refuse to issue a residence permit to a third-country national married to a national of a member state who entered the territory of that member state lawfully, nor issue an order expelling them from the territory, on the sole ground that their visa expired before they applied for a residence permit. NB how article 5 of 2004/38 now supports this conclusion. 

ECJ: “In view of the importance which the Community legislature has attached to the protection of family life (see paragraph 53 of this judgment), it is in any event disproportionate and, therefore, prohibited to send back a third country national married to a national of a Member State where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to the requirements of public policy, public security or public health”. 

Case C-459/99 Mouvement contre le racisme, etc (MRAX) v Etat Belge crops up in following areas of law