Free movement of Persons and Residence: Directive 2004/38/EC

A while back we mentioned the singular lack of enthusiasm of the member States to bring into effect Directive 2004/38/EC of the European Parliament and of the Council of April 29th 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Most member State had failed to implement it by the due date, April 30th 2006.

The Commission has recently announced that it has made a report on the implementation of Directive 2004/38/EC. According to the official press release, it makes for depressing reading:

All Member States have adopted national laws to protect the right of EU citizens and their families to move and reside freely within the EU.
Although national laws in some areas treat EU citizens and their families better than EU law requires, not one single Member State has transposed the Directive effectively and correctly in its entirety. Not one Article of the Directive has been transposed effectively and correctly by all Member States.
The overall transposition of the Directive is rather disappointing.
Only Cyprus, Greece, Finland, Portugal, Malta, Luxembourg and Spain have correctly adopted more than 85% of provisions of the Directive.
Austria, Denmark, Estonia, Slovenia and Slovakia, on the other hand, have correctly adopted less than 60% of provisions of the Directive.

But there's always a bright side, according to the Commission:

"This is mitigated by the fact that incorrectly transposed provisions of the Directive seem to be , at least in a number of cases, correctly applied by the national courts and authorities, despite the absence of written and clear guidelines for the exercise of judicial and administrative discretion in this area."

The Commission has issued a short memo giving some more details and some background on Directive 2004/38/EC. The full report is available here.

Comments

[anon]

Is there anyone going around Europe without a passport in order to test the effectiveness of Directive 2004/38/EC?

What happens if a state does not allow one to pass through a border border like Noura? What is the remedy? Brasserie du Pecheur and Factortame?

One could imagine some enterprising law students having their summer touring holiday paid for from state damages as a consequence of the non-implementation of this directive.

[Ralf Grahn]

This was, in principle, the crowning achievement for EU citizens and their families, so the post is quite sobering.

[Bartolus]

One thing is the right to enter a country and reside there, another is to go around without appropriate ID. Some EU member States make it mandatory to carry ID at all times. So, the enterprising law student is likely to tour some stinky cells and gain criminal convictions making Bar membership a bit difficult afterwards! And if in the United Kingdom, the chances of being detained at will under anti-terror legislation are high.

[help with dissertation]

Blogs are good for every one where we get lots of information for any topics nice job keep it up !!!

[anon]

"So, the enterprising law student is likely to tour some stinky cells and gain criminal convictions making Bar membership a bit difficult afterwards!"

So much for EU directives.

[Dan]

I find it hard to find a list of countries which allow visa free travel for a spouse of a EU national who has a family residence permit in the UK based on Directive 2004/38/EC.
The only two countries that gave a definitive yes were Sweden and The Netherlands.
Does anyone has a link to such a list?

[Residence Permit]

I think in Baltic countries they have something like that. But I am not sure

[anon]

"I find it hard to find a list of countries which allow visa free travel for a spouse of a EU national who has a family residence permit in the UK based on Directive 2004/38/EC."

It's so difficult to buy into the European project when the states have such blatant disregard for the law.

I am often stopped at Dover and asked for a passport whereas when a I drive between France and Belgium I go through some dilapidated former border control without stopping.

European politics seems to be peopled with europhiles and europhobes; it doesn't help the project when extreme europhiles (aka eurofags - a word derived from 'euro' and the public school word 'fag') make apologies for the law breaking of the member states.

[eirikur]

Just received this email from the Frech consulate in London:

Please note that, to this day, we have not received any new instructions from the French Authorities regarding the application of the EU Directive 2004/38/EC. I therefore wish to inform you that family members of EU Nationals, resident in the UK, still require a visa to travel to France.

[verceDauchwew]

I am unable to understand this post. But well some points are useful for me.

[WP Themes]

I think your blog need a new wordpress template. Downalod it from http://genericwpthemes.com . The site has nice and unique wordpress templates.

[penis size]

More & more people know that blog are good for every one where we get lots of information any topics !!!

[eirikur]

From the French consulta ein London:

March 2009

The foreign spouse of a EU national (except French national) may enter France without visa if they are holding:

- a valid travel document;
- a valid UK residence permit with the endorsement "family member of EEA national";
- and if they are meeting up or travelling with the EU national.

However if you do not satisfy the above conditions, you will need to apply for a visa to travel to France (for instance if your residency is not explicit or if you are travelling to France for business). Note that children and parents of EU Nationals still require visas to travel to France.

[SEO Consultant]

SEO | SEM | Internet Marketing Guide.

http://www.wahidqazi.com/

[List Of Internet Domain Extensions]

List Of Internet Domain Extensions

http://blog.wahidqazi.com/list-of-internet-domain-extensions/

[GCSE Coursework]

Free GCSE Coursework. We are providing free services.

[MSC management dissertation]

Blogs are good for every one where we get lots of information for any topics nice job keep it up !!!

[writing a dissertation]

Blogs are good for every one where we get lots of information for any topics nice job keep it up !!!

[danial]

good blog