The Preliminary Reference in the Jipa Case and the Case Law of Romanian Courts on the Restriction on the Free Movement of Persons

The Preliminary Reference in the Jipa Case and the Case Law of Romanian Courts on the Restriction... Daniel-Mihail SANDRU, Constantin-Mihai BANU & ¸ Dragos Alin C LIN* ¸ A Alongside the question of the tax levied upon first registration of motor vehicles, the issue of free movement of Romanian nationals abroad is one of the major areas of law from which a substantial amount of the case law of Romanian courts has originated. Particularly, this issue concerned the restriction on the exercise of the right to free movement as a consequence of the repatriation of a national from a State pursuant to a readmission agreement concluded between Romania and that other State. The area of law also provided the source of the first preliminary reference by a Romanian court to the European Court of Justice, soon after the accession of Romania to the European Union in January 2007: Case C-33/07 Jipa.1 Accordingly, this article discusses the preliminary ruling procedure in the Jipa case (the Romanian court's decision to refer, the judgment of the ECJ and the subsequent application of that ruling in the main proceedings) in the broader framework of the case law of Romanian courts in the field of restrictions imposed on free movement of Romanian nationals following a repatriation. It also outlines the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

The Preliminary Reference in the Jipa Case and the Case Law of Romanian Courts on the Restriction on the Free Movement of Persons

European Public Law, Volume 18 (4) – Jan 21, 2012

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Publisher
Kluwer Law International
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Copyright © Kluwer Law International
ISSN
1354-3725
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Abstract

Daniel-Mihail SANDRU, Constantin-Mihai BANU & ¸ Dragos Alin C LIN* ¸ A Alongside the question of the tax levied upon first registration of motor vehicles, the issue of free movement of Romanian nationals abroad is one of the major areas of law from which a substantial amount of the case law of Romanian courts has originated. Particularly, this issue concerned the restriction on the exercise of the right to free movement as a consequence of the repatriation of a national from a State pursuant to a readmission agreement concluded between Romania and that other State. The area of law also provided the source of the first preliminary reference by a Romanian court to the European Court of Justice, soon after the accession of Romania to the European Union in January 2007: Case C-33/07 Jipa.1 Accordingly, this article discusses the preliminary ruling procedure in the Jipa case (the Romanian court's decision to refer, the judgment of the ECJ and the subsequent application of that ruling in the main proceedings) in the broader framework of the case law of Romanian courts in the field of restrictions imposed on free movement of Romanian nationals following a repatriation. It also outlines the

Journal

European Public LawKluwer Law International

Published: Jan 21, 2012

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