I.T. v The Minister for Justice (Approved)

             The Applicant succeeded before the High Court.� The Minister has appealed to this court.� On the appeal, the parties submit (and the court agrees) that there are three essential issues.� These are:

"(1)����� whether the learned High Court judge was correct in finding that the decision of the Minister unlawfully disregarded or gave insufficient consideration to the decision of the DEASP [Department of Enterprise Affairs and Social Protection];

(2)������� whether the learned High Court judge was correct to find that the Minister erred in relying on a requirement of one year's employment prior to unemployment in interpreting Art. 7(3)(b) of [the Citizens Rights Directive 2004/38/EC] and therefore Regulation 6(3)(c)(ii);

(3)������� whether the learned High Court judge correctly assessed the consequences of the alleged failure to disclose documentation in relation to the EU Citizen's Employment Record."

             Each of these issues raise questions of European law of general application.� In particular, they raise questions as to the proper construction of Art. 7(3) (b) of the 2004 Directive, and separately Art. 41 of the Charter read in conjunction with the provisions of the Directive.�