Considerations on COM(2003)199 - Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2003)199 - Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States ... |
|---|---|
| document | COM(2003)199  |
| date | April 15, 2003 |
(2) The free movement of persons constitutes one of the fundamental freedoms of the internal market, which under Article 14(2) of the EC Treaty comprises an area without internal frontiers in which freedom is ensured in accordance with the provisions of the Treaty.
(3) Articles 17 and 18 of the EC Treaty establish citizenship of the Union and confer on every citizen of the Union a primary and individual right to move and reside freely within the territory of the Member States.
(4) Promoting the mobility of employed or self-employed workers, students, researchers, those undertaking training, volunteers, teachers and trainers is recognised as a policy priority of the European Union.
(5) In this context, with a view to remedying the sector-by-sector, piecemeal approach to the right of free movement and residence and facilitating the exercise of this right in accordance with Article 18(2) of the Treaty, there needs to be a single legislative act to replace and complement the following legislative texts: Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community i, Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families i, Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services i, Council Directive 90/364/EEC of 28 June 1990 on the right of residence i, Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity i and Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students i.
(6) The right of each citizen of the Union to move and reside freely within the territory of the Member States must, if it is to be exercised under objective conditions of freedom and dignity, be granted to their family members, irrespective of nationality. The definition of family member must be widened and standardised for all persons entitled to the right of residence.
(7) There is a need for the formalities connected with the free movement of Union citizens within the territory of the Member States to be clearly defined without prejudice to the provisions applicable to border controls.
(7a) With a view to facilitating the free movement of family members who are not nationals of a Member State, those who have already obtained a residence document should be exempted from the requirement to obtain an entry visa within the meaning of Council Regulation (EC) No 539/2001 i or, where appropriate, of the applicable national legislation.
(8) In keeping with new developments in geographical mobility and working arrangements, stays by Union citizens not exceeding six months should not be subject to any conditions or any formalities other than the requirement to hold a valid identity card or passport.
(9) Persons exercising the right to free movement should not, however, become an unreasonable burden on the public finances of the host Member State during an initial period of residence. It is therefore planned to retain the system whereby exercise of the right of residence for Union citizens for periods in excess of six months remains subject to the requirement that such citizens are engaged in gainful activity or, in the case of those not engaged in gainful activity, that they have sufficient resources or that they are enrolled at an accredited establishment for the purpose of following a course of study, including vocational training, and have comprehensive sickness insurance cover in the host Member State, or that they are family members of a Union citizen who satisfies one of these requirements.
(10) The fundamental and personal right to reside in another Member State is conferred directly on Union citizens by the Treaty and is not dependent upon their having been issued a residence permit. The residence permit requirement should therefore be restricted to cases where it is genuinely warranted, in particular for family members of Union citizens who are not nationals of a Member State and for stays of longer than six months.
(11) For stays of longer than six months, registration by Union citizens with the competent authorities in the place of residence, attested by a certificate to that effect, in combination with the possession of a valid identity card from the Member State of origin or a valid passport, is sufficient and proportionate and adequate for the host Member State's purpose of keeping a record of the movement of people within its territory.
(12) The supporting documents required by the administrative authorities for the issuing of a registration certificate or residence card must be comprehensively specified in order to avoid divergent administrative practices or interpretations constituting an undue obstacle to the exercise of the right of residence by Union citizens and their family members.
(13) Family members should be legally safeguarded in the event of the death of the Union citizen, marriage dissolution or termination of partnership. With due regard for family life and human dignity and in certain conditions to guard against abuse, measures should therefore be taken to ensure that in such circumstances the right of residence is retained.
(14) Guaranteed permanent residence for Union citizens who have chosen to settle long term in another Member State strengthens the feeling of a common citizenship and is a key element in promoting social cohesion, which is one of the fundamental objectives of the Community. A right of permanent residence should therefore be laid down for all Union citizens after a continuous period of four years of residence.
(15) Certain advantages specific to Union citizens who are in paid employment or are self-employed should, however, be maintained, as these constitute acquired rights conferred by Commission Regulation (EEC) No 1251/70 of 29 June 1970 i and Council Directive 75/34/EEC of 17 December 1974 i, which concern the right to reside within the territory of a Member State after having worked there in an employed or self-employed capacity.
(16) Where Union citizens exercise their right of permanent residence, it should also be extended to their family members. Where an employed or self-employed Union citizen dies while still working but before having acquired the right of permanent residence, family members should also be able to acquire the right of permanent residence and should be subject to special conditions.
(17) In order to be a genuine vehicle for integration into the society of the host Member State in which the Union citizen resides, the right of permanent residence should not be subject to conditions but should confer complete equality of treatment with nationals in areas covered by the Treaty, as well as maximum protection against removal.
(18) Consequently, acquisition of the right of permanent residence provides Union citizens and their family members with additional rights and increased protection. This right should therefore be evidenced by the issuing of a residence card having unlimited duration.
(19) In accordance with the principle of non-discrimination, all Union citizens and their family members should enjoy equal treatment with nationals in areas covered by the Treaty. However, prior to acquisition of the right of permanent residence, it is a matter for the host Member State to decide whether it will award maintenance grants to Union citizens coming to study within its territory.
(20) Articles 39(3), 46(1) and 55 of the EC Treaty allow restrictions to be placed on the right of free movement on grounds of public policy, public security or public health. Council Directive 64/221/EEC i provides for the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health.
(21) In view of the case-law of the Court of Justice and the basic right of freedom of movement, there is a need for a tighter definition of the circumstances and procedural guarantees subject to which Union citizens and their family members may be denied leave to enter or be removed.
(22) Removal of Union citizens and their family members on grounds of public policy or public security is a drastic measure that can seriously harm persons who, having availed themselves of the rights and freedoms conferred on them by the Treaty, have become genuinely integrated into the host Member State. The scope for such measures should therefore be limited in accordance with the proportionality principle to take account of the degree of integration of the persons concerned, the length of their stay in the host Member State, their age, state of health, and family and economic situation, and the links with their country of origin and to prohibit removal of Union citizens or their family members who have permanent right of residence or of family members who are minors.
(23) The administrative rules of procedure should also be specified in detail in order to ensure a high level of protection of the rights of Union citizens and their family members in the event of their being refused leave to enter or reside in another Member State, as well as to uphold the principle that any action taken by the authorities must be properly justified.
(24) In all events, judicial redress procedures should be available to Union citizens and their family members who have been refused leave to enter or reside in another Member State, on the same terms as those available to nationals as regards the conditions for the lodging of an appeal and the conduct of the proceedings.
(25) In line with the case-law of the Court of Justice, the right of Union citizens or their family members who have been excluded from the territory of a Member State to submit a fresh application after a reasonable period and in any event after a two-year period from notification of the final exclusion order should be confirmed.
(26) In view of the new conditions laid down by this Directive for the exercise of the right of free movement, the provisions of existing legislation that are contrary to this Directive should be repealed or deleted, while allowing national provisions that are more favourable to be applied.
(27) This Directive respects the fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.