Directive 2004/38 / EC (Free Movement Directive)

from Wikipedia, the free encyclopedia
European Union flag

Directive 2004/38 / EC

Title: Directive 2004/38 / EC of the European Parliament and of the Council of April 29, 2004 on the right of Union citizens and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No. 1612/68 and repealing Directives 64/221 / EEC, 68/360 / EEC, 72/194 / EEC, 73/148 / EEC, 75/34 / EEC, 75/35 / EEC, 90/364 / EEC, 90/365 / EEC and 93/96 / EEC
Designation:
(not official)
Free Movement Directive
Scope: EEA
Legal matter: Immigration law
Basis: Treaty establishing the European Community , specifically Art. 12 , 18 , 40 , 44 , 52 , 251
Procedure overview: European Commission
European Parliament
IPEX Wiki
Date of issue: April 29, 2004
Release date: April 30, 2004
Come into effect: April 30, 2004
To be
implemented in national law by:
April 30, 2006
Implemented by: Germany: Law on Freedom of Movement / EU and Law for the Implementation of Residence and Asylum Directives of the European Union of August 19, 2007
Reference: OJ L 158, April 30, 2004, p. 123
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2004/38 / EC or the Free Movement Directive , including European citizens directive is a directive of the European Community , the free movement of persons within the European Economic Area governs (EEA).

designation

The correct German name for the directive is Directive 2004/38 / EC of the European Parliament and of the Council of April 29, 2004 on the right of Union citizens and their family members to move and reside freely within the territory of the Member States, amending the Regulation (EEC ) No. 1612/68 and repealing Directives 64/221 / EEC, 68/360 / EEC, 72/194 / EEC, 73/148 / EEC, 75/34 / EEC, 75/35 / EEC, 90/364 / EEC, 90/365 / EEC and 93/96 / EEC . However, the term Freedom of Movement Directive or Union Citizens' Directive is mainly used.

scope

The Free Movement of Persons Directive applies in the relationship between the EU member states and the other EEA member states ( Norway , Iceland and Liechtenstein ) in accordance with the resolution of the EEA Joint Committee No. 158/2007 amending Annex V (Free movement of workers) and Annex VIII ( Right of establishment) of the EEA Agreement , but in relation to Liechtenstein is again restricted by a resolution of the EEA Joint Committee No. 191/1999 on the amendment of Annexes VIII (Right of establishment) and V (Free movement of workers) of the EEA Agreement . It does not apply to Switzerland . Freedom of movement between the EU and Switzerland through the Agreement on Free and between Switzerland and the EEA countries outside the EU, the revised Stockholm Convention ( EFTA ensures treaties).

restrictions

The Free Movement of Persons Directive harmonises the provisions and procedures that are used in Member States with regard to the enforcement of reasons of public order, security and health for the entry and residence of nationals of another Member State and their family members:

  • With regard to reasons of public order and security , only the personal behavior of the individuals concerned should be decisive. Criminal convictions alone are not acceptable grounds for public policy or security action.
  • For public health reasons , only the presence of certain communicable diseases is decisive. Illness that occurs after the first residence permit has been issued is not a valid reason for denial of residence permit extension or removal from territory.

Content of the policy

Chapter 1 (Articles 1 to 3) lays down the subject matter, definitions and persons entitled.

Chapter 2 (Articles 4 and 5) contains provisions on the right to leave and to enter.

Chapter 3 (Articles 6 to 15) regulates the right of residence and administrative formalities and contains provisions on registration certificates and the residence card .

Chapter 4 (Articles 16 to 21) regulates the right of permanent residence, which is evidenced by a certificate of permanent residence or a permanent residence card .

Chapter 5 (Articles 22 to 26) contains common provisions on the right of residence and the right of permanent residence.

Chapter 6 (Articles 27 to 33) contains provisions on restrictions on the right of entry and residence for reasons of public order, security or health. This lays down general principles, including protection against expulsion and public health provisions.

Chapter 7 (Articles 34 to 42) contains final provisions.

In particular, every EU citizen has the right to travel from another Member State with a valid identity card or passport without a visa (Article 4), to enter another Member State (Article 5) and to stay there for more than three months, provided that he is employed there is or is studying or has comprehensive health insurance and sufficient means of subsistence in order not to have to claim social assistance benefits (Article 7). However, if they are staying for more than three months, they may be required to register with the competent authority (Article 8).

Protection against expulsion

In the following, the term “expulsion” is used in the sense of EU law, where - in contrast to the term “expulsion” in the German Residence Act - it is a collective term under which any measure to terminate one's stay is included.

According to Article 28 of Directive 2004/38 / EC, prior to expulsion, “the length of stay of the person concerned in the territory, his age, his state of health, his family and economic situation, his social and cultural integration in the host Member State and the extent of his ties to the country of origin "To be considered. Deportation orders against EU citizens or their family members are only permitted under certain conditions. In particular, it may only be ordered against minors of the Union on the basis of “imperative reasons of public security”, “unless the expulsion is necessary for the best interests of the child , as is the case in the United Nations Convention on the Rights of the Child of November 20, 1989 is provided".

EU citizens who have already lived in another EU country for five or more years and are integrated there cannot simply be deported to their country of origin even if they have committed a criminal offense. Because according to a judgment of the European Court of Justice in April 2018 in cases C-316/16 and C-424/16, in view of the permanent right of residence obtained after five years, expulsion is only permissible for "serious reasons of public order or security". After ten years it is only possible for “imperative reasons of public safety”.

See also

Web links

Individual evidence

  1. Law for the implementation of residence and asylum directives of the European Union (EU AufhAsylRUG) on www.buzer.de. Accessed November 21, 2010
  2. Official Journal of the European Union: Directive 2004/38 / EC of the European Parliament and of the Council of April 29, 2004 , published April 30, 2004. Accessed November 21, 2011
  3. Official Journal of the European Union: Correction of Directive 2004/38 / EC of the European Parliament and of the Council of April 29, 2004 of June 29, 2004 , accessed on November 21, 2011
  4. Official Journal of the European Union: Decision of the EEA Joint Committee No. 158/2007 of December 7, 2007 , accessed on July 23, 2011
  5. Official Journal of the European Union: Decision of the EEA Joint Committee No. 191/1999 of December 17, 1999 , accessed on July 23, 2011
  6. EFTA website: Explanations on the revised Stockholm Agreement . Accessed July 23, 2011
  7. Art. 29, Directive 2004/38 / EC in the consolidated version of June 16, 2011 , accessed on August 6, 2018
  8. EU citizens who have committed criminal offenses cannot simply be expelled. In: time online. April 17, 2018, archived from the original on August 31, 2019 ; accessed on September 24, 2018 .