The Europe Agreement is between EU member-states and Romania and the Czech Republic to promote closer relations with a view to the eventual integration of those countries within the EU.
The Supreme Court also ruled that administrative arrangements for self-employed Europe Agreement nationals did not nullify benefits accruing to Romanian and Czech nationals under provisions of an association agreement made between the EU, Romania and the Czech Republic.
The five-judge court was ruling on points of law referred to it by the High Court arising from proceedings taken by the Romanian man, a Romanian couple and their Romanian-born child and a Czech couple and their five children. All had failed to secure asylum or refugee status here or were refused leave to remain here.
The Romanian man sought to challenge a deportation order on the grounds that he was entitled to exercise establishment rights arising from the Europe Agreement. His work permit expired in November 2000 but he continued working without a permit.
The Romanian couple also wanted to exercise establishment rights. The High Court found the couple from the Czech Republic and their five children had no further legal entitlement to remain here. That couple also asserted establishment rights.
Mr Justice Murray said he was satisfied the system of prior control of applications for establishment by non-nationals was compatible with the Europe Agreements and that the appellants, having all been made the subject of deportation orders, had no right to remain in the State to apply for establishment. They were entitled to make such applications from their home states and their rights and benefits under the agreements remained.