Brussels, 10/12/2008 (Agence Europe) - On Wednesday 10 December 2008, the European Commission adopted a report criticising serious gaps in implementing Directive 2004/38/EC on the right of EU citizens and their families to freely travel and live in other EU member states. The Commission says it does not want to rewrite the directive but is planning to publish guidelines next year to clarify situations where people can be deported (for having committed a crime, for example) and publish best practice on tackling marriages of convenience, for example.
The EU gives its citizens the chance to move to another member state for any reason imaginable (retirement, study, work, etc), explained EU Justice, Freedom and Security Commissioner Jacques Barrot, commenting on Directive 2004/38/EC. He praised the directive but explained that it had not been properly transposed and he reserved the right to open infringement proceedings against member states which fail to transpose it properly.
The directive foresees: - the right to live in another member state for up to three months without any conditions or formalities attached other than that of holding a current ID card or passport of the original member state; - after three months, citizens have to register with the local authorities (no need for a residence permit); - people from other member states must be treated equally with people from the host member state; - after five years of continuous legal residence in the host member state, EU citizens acquire the right to remain permanently. Member states have the option of restricting this residence right for EU citizens if they fail to meet the minimum residence requirements, disrupt public order or are a danger to security or public health, in which case they can be deported to another member state.
Jacques Barrot said the Commission would be keeping the directive because it was a fundamental piece of EU legislation and the Commission would publish guidelines in the spring of next year to clarify the provisions that allow restrictions to be placed on EU citizens' right to move from their home country to live in a different member state.
Responding to questions from reporters, the commissioner said it was pointless and dangerous to start discussing the contents of the directive and it was better issue guidelines clarifying proper application of Article 34 (which allows member states to deport people from other member states for certain specific reasons). The guidelines could show how marriages of convenience can be clamped down upon without infringing the directive. In the United Kingdom, for example, suspected marriages of convenience are investigated on a case-by-case basis. Barrot said there were ways of combatting abuse, and the Commission would publicise them. Only 63% of the directive's measures have been implemented properly. Cyprus, Greece, Finland, Portugal, Malta, Luxembourg and Spain have correctly transposed more than 85% of the provisions. Austria, Denmark, Estonia, Slovenia and Slovakia have correctly transposed less than 60%. The commissioner said he imagined the guidelines could add reasons justifying deportation like carrying out a serious crime and repeated public order offences but claimed this would not wrongly limit this “magnificent freedom”.
A report by the Commission lists problems arising from persistent violations of the fundamental rights of EU citizens to exercise their right to move freely around the EU, principally with the right to enter and live in a country for members of the family who originate outside the EU (problems with entry visas and crossing borders, additional conditions applied to the right of abode not included in the above-listed EU directive and delays in issuing residence papers); and EU citizens being forced to provide extra documents not required by the directive when they apply for residence permits. The Commission will encourage member states to launch awareness-raising campaigns and assist them in the process with the aim of informing EU citizens of their rights under Directive 2004/39/EC. Member states were supposed to introduce the necessary legislation and administrative processes to conform with the directive before 30 April 2006. (L.C./transl.fl)