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The Union citizenship and Directive The Union citizenship and Directive

The Union citizenship and Directive - PowerPoint Presentation

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The Union citizenship and Directive - PPT Presentation

382004CE Limits challenges perspectives Alessandra Lang University of Milan Control on the implementation of directive 200438 in the 5 countries No infringement procedure pending ID: 388366

2004 directive union reside directive 2004 reside union assistance social states movement residence state citizens free public member european

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Slide1

The Union citizenship and Directive 38/2004/CE Limits, challenges, perspectives

Alessandra Lang

University

of MilanSlide2

Control on the implementation of directive 2004/38 in the 5 countries

No infringement procedure pending

Just three preliminary rulings on the free movement of persons and none on the problems emerging from the report

France → C-325/08 [2010]

Olympique

Lyonnais

Italy → C-270/13 [2014]

Haralambidis

Romania → C-33/07 [2008]

JipaSlide3

Free movement of personsDirective 2004/38 is not the only source of relevant law

Right to reside stemming from other sources of EU law

Right for workers’ children to reside where they study (case 389-390/87 [1989]

Echternach

and Moritz

)

Right to reside for the parent of the worker’s child who studies (C-413/99 [2002]

Baumbast

)

Right to reside for the spouse of the citizens of the Union in their State of origin if not recognizing it amounts to an obstacle to free movement (C-370/90 [1992]

Singh

; C-60/00 [2002]

Carpenter

)

Right to reside for the parent of minor children who reside in a MS under EU law (C-200/02 [2004]

Chen

)

Right to reside for the parents of minor children who are citizens of the Union living in their State of origin (C-34/09 [2011]

Zambrano

)

Cases not dealt with by Directive 2004/38

Family reunification of citizens of the Union in their State of originSlide4

Directive 2004/38Giving rights to the citizens of the Union and their family members

Protecting the interests of the StatesSlide5

How does Directive 2004/38 protect the interests of the States?Free movement for many, but not for all

First 3 months: no right to social assistance benefits under the directive and removal if the citizen of the Union becomes an unreasonable burden on the social assistance system of the MS

Up to permanent residence:

Right to reside if and until the citizen of the Union is economically self-sufficient

Entitlement to social assistance benefits, but the State may check if the citizen of the Union still meets the conditions for residence

Departure on grounds of public order and public security Slide6

Social assistance system

for

the purposes of Article 7(1)(b) of Directive 2004/38, the concept of ‘social assistance system’ “must be interpreted as covering all assistance introduced by the public authorities, whether at national, regional or local level, that can be claimed by an individual who does not have resources sufficient to meet his own basic needs and the needs of his family and who, by reason of that fact, may become a burden on the public finances of the host Member State during his period of residence which could have consequences for the overall level of assistance which may be granted by that State”

(

Brey

C-140/12 [2013

] paragraph

61). Slide7

Some States complain about abuses and frauds“certain immigrants from other Member States … avail themselves of the opportunities that freedom of movement provides, without, however, fulfilling the requirements for exercising this right.”

Marriages

of convenience

Welfare tourism

The

Directive offers answers, but requires in-depth case-by-case scrutiny

States prefer automatic reactions Slide8

The EU’s responseCouncil of MinistersCommission

Handbook on marriages of convenience

Guidelines on the concept of habitual residence on coordination of social security schemes

Better use of EU financial resources

Helping local authorities apply EU fee movement rules

European CouncilSlide9

A reversal of perspective? European Council, 26/27 June 2014, Conclusions, EUCO 79/14

“12

. As one of the fundamental freedoms of the European Union, the right of EU citizens to move freely and reside and work in other Member States needs to be protected, including from possible misuse or fraudulent claims

.”Slide10

FutureAmendments to the Directive?Fine tuning by the Court of Justice

Right of permanent residence

Directive 2004/38 does not offer an answer to poverty