Do non - EU nationals have the right to make a claim for state liability?

Question

If a non-EU national is currently residing in an EU country with their EU national husband/wife, can that non-EU national invoke a claim against the state for state liablity for faliure of the state to invoke an EC directive adaquately?

Answer 1

I think that they would have the same rights as an EU citizen when the rule of law applies.

Answer 2

Its actually a yes and no answer.  If the person is residing in the country in question, which you said they are and they have a husband/wife that is a national, then they can invoke a claim against the state for liability for failure of the state to invoke an EC directive.  Just because a person is not a citizen or national of a particular EU member does not prohibit them from the same rights under the protection of law.  These are the reasons why its a yes.  The reason why it might be a no is because governments have this wonderful opt out where they can choose to not let you take a civil or judicial grievance against them.  The EU has such, much like the US, that basically prohibits anyone from taking a claim against them unless they let them, very difficult.

Answer 3

yah

Answer 4

Non-EU nationals cannot claim against the EU government.