European Court of Justice

The UK’s membership and subservience to the European Court of Justice remains a bone of contention in the Brexit debate. It is clear, however, that UK legislation and policy in recent years has become more inward looking. In particular, obstacles have been put in place which impede the free movement of all citizens within EU member states.

Our human rights and Judicial Review solicitors have been involved in several challenges against the UK government in relation to legislation and policy which has restricted the rights of EU citizens. One such challenge was a Judicial Review taken against the Department for Home Affairs for introducing oppressive legislation which effectively prevents EU nationals from accessing housing benefit in the UK and dramatically increased homelessness and rough sleeping amongst EU migrants. It was argued that this policy purposely created a ‘hostile environment’ for EU migrants and was aimed at lowering net migration.