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?

I do not mean a claim against the EU as such but against the EU state that they are residing in, e.g. the UK, so for example if the UK failed to implement an EU directive adaquately and this affected the non-EU nationals rights, then would be able to make a claim for state liability against the UK, even though he is not strictly speaking an EU national himself, but merely married to an EU national who is currently working in the UK

Answer 1

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 2

Non-EU nationals cannot claim against the EU government.

Answer 3

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

Answer 4

yah