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– public social assistance centre)”. The UK and sickness insurance for mobile citizens: An inequitable mess for Brexit negotiators to address. Foretaksregisteret T +47 21 95 55 00 Advokatfirmaet Simonsen Vogt Wiig AS NO 898 783 812 VAT F +47 21 95 55 01 Filipstad Brygge 1, PO Box 2043 Vika, NO-0125 Oslo www.svw.no Legal study on Norwayʼs obligations under the EU Citizenship Directive 2004/38/EC Advokatfirmaet Simonsen Vogt Wiig AS 4 January 2016 (With minor revisions as of 9 February 2016) Directive 2004/38 extended this principle to ensure that there is free movement principle was extended from the worker to citizens in general, as well as the family of the citizen (as provided for in Article 3(1) Directive 2004/38). that is conducted as defined in this directive under the auspices of Quality Management. The proceedings have since stalled, however, as a suspension of a member … 13 Article 7(1) of Directive 2004/38/EC. Directive 2004/38/EC wrote: Article 5 Right of entry 2. In a similar situation to the couple wishing to … It aims to provide the reader with an overview of the current state of law on the expulsion of EU citizens. Article 7(3)(c) of Directive 2004/38 must be interpreted in the light of the provisions surrounding it in that directive. permitted absence of 6 months in any 12 or 12 months for an important reason e.g. the specified! 8596/19 BB/IC/sr 7 RELEX.2.C LIMITE EN (11) Certain family members who are not Union citizens might be required to obtain, in addition to the EU ETD, visas to return to the territory of the Union. ONLINE SERVICES. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 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 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, ... 9 For the purposes of this Directive, possession of the valid residence card referred to in However, it is not fully evident what ‘facilitate’ means. Case C-162/09 . 1 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 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 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, The competent authority is either the Commune or the Aliens Office. European Law Blog. Case law on free movement of workers Since the introduction of EU citizenship, the Court of Justice of the European Union 32. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to … Directive 2004/38/EC of the European Parliament and the Council of 29 April 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 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 … Translations: bg cs da de el es et fi fr hu it lt lv mt nl pl pt ro sk sl sv. The purpose of the amendment is to implement Article 38 of Directive 2013/30/EU on the safety of offshore oil and gas operations (OSD). Re: Directive 2004/38/EC - Article 7. Official Publication; 3. Article 38 extends the scope of the Environmental Liability Directive (2004/35/EC) in the marine environment in relation to marine waters. Pursuant to Article 5(2) of Directive 2004/38/EC of the European Parliament and of the Council1, 11 Article 5(2) of Directive 2004/38/EC. 5 Article 7(1)(c) of the Directive. The European Law Blog aims to highlight, and comment on, current developments in EU case law and legislation. Further clarifications as to the meaning of Article 18 TEC amongst others were introduced by Directive 2004/38/EC. 15 Article 27 of Directive 2004/38 sets out the general principles relating to restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health. Right of residence for more than three months. It follows from all of the foregoing that a person who has ceased to work in a self-employed capacity, because of an absence of work owing to reasons beyond his control, after having carried on that activity for more than one year, is, like a person who has involuntarily lost his job after being employed for that period, eligible for the protection afforded by Article … Article 7 Right of residence for more than three months 1. According to Article 3(2)(b) of Directive 2004/38, Member States shall ‘facilitate’ entry and residence of the partner with whom the Union citizen has a durable relationship, duly attested. Article 7. (Reference for a preliminary ruling – Directive 2004/38/EC – Article 13(2) – Right of residence of family members of a Union citizen – Marriage between a Union citizen and a third-country national – Retention, in the event of divorce, of the right of residence by a third-country national who is the victim of acts of The European Law Blog aims to highlight, and comment on, current developments in EU case law and legislation. Finally, Article 35 of Directive 2004/38/EC expressly grants Member States the power, in the event of abuse or fraud, to withdraw any right conferred by the directive. To read the Directive in PDF format, click the above link. Reference for preliminary ruling - Freedom of movement for persons - Directive 2004/38/EC - Article 16 - Right of permanent residence - Temporal application - Periods completed before the date of transposition . Article 6 of the consolidated Treaty on European Union states "The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms.Such accession shall not affect the Union's … 6 Article 7 (1)(b) of the Directive. Regulation (EU) No 1169/2011 is the main law relating to food labelling in the European Union.There are other EU laws that specify the rules for particular types of foods.. Switzerland, which is a … Article 15 WA states that permanent residence (settled status in the EUSS), may be acquired through accruing periods of “legal residence or work in accordance with Union law before and after the end of the transition period”. Directive 2004 38 • Article 7All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they: • (a) are workers or self-employed persons in the host Member State; The principles governing mandatory food information is in Article 4, and the … Official Journal reference. 1. The first, brief one contains a very … REVIEW published: 28 September 2016 doi: 10.3389/fmars.2016.00182 Uses of Innovative Modeling Tools within the Implementation of the Marine Strategy Framework Directive Christopher P. Lynam 1*, Laura Uusitalo 2 , Joana Patrício 3 , Chiara Piroddi 4 , Ana M. Queirós 5 , Heliana Teixeira 3 , Axel G. Rossberg 6 , Yolanda Sagarminaga 7 , Kieran Hyder 1 , Nathalie … A Right to Reside for the Unemployed Self-Employed: The Case Gusa (C-442/16) 10 January 2018 / By Dion Kramer. Article 7. b. 3! 14 Problems have been reported in several Member States including Italy, see Neva Cocchi, Dana Gavril, Nicola Grigion, Carlos Guimaraes, Celia Mayer, Nuria Sanchez, Anna Sibley, Libor Studený, 'Citizens Without Swedish law Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1). 7 Article 3 of Directive 2004/38, ‘Beneficiaries’, provides in paragraph 1: ‘This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as 7. Directive 2004/38/EC. Article 12-13 of the Directive 2004/38 EC Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits. 1 Article 45, Charter of Fundamental Rights of the European Union, OJ 2007/C 303/01, 14 December 2007. The inference is that Directive 2004/38 has had a significant impact on the competencies of the EU and the Member State to determine its immigration policy when an non-EU citizen may be linked through dependence to an EU citizen [13]. Article 40 (4) of the Law of 15 December 1980. 3. A Right to Reside for the Unemployed Self-Employed: The Case Gusa (C-442/16) 10 January 2018 / By Dion Kramer. With regard to the acquisition of a right of permanent residence by family members of a Union citizen who are not nationals of a Member State, that obligation to reside with that citizen in the host State for the period concerned implies that those family members necessarily and concurrently have a right of residence under Article 7(2) of Directive 2004/38, as family … Directive 2004/38/EC of the European Parliament and the Council of 29 April 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 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 … Article 7 and 8 of Directive 2004/38. The European Single Market, Internal Market or Common Market is a single market comprising the 27 member states of the European Union (EU) as well as – with certain exceptions – Iceland, Liechtenstein, and Norway through the Agreement on the European Economic Area, and Switzerland through bilateral treaties.The single market seeks to guarantee the free movement … The European Union's (EU) Treaty of Lisbon, in force since 1 December 2009, requires the EU to accede to the European Convention on Human Rights (ECHR). 17 March 2017 / By Gareth Davies. Tag: Article 7(3)(b) of Directive 2004/38. Moderators: Casa , JAJ , ca.funke , Amber , Zimba , vinny , Obie , EUsmileWEallsmile , batleykhan , geriatrix , John , ChetanOjha , archigabe , push 12 ibid. According to the definition in Article 2(2)(c), for the purposes of Directive 2004/38 the term ‘family member’ means: ‘the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b)’. Article 21 of TFEU provides that subject to certain conditions, every citizen of the Union shall have right to reside and freely move within Member States. Related regulation(s) Commission Regulation (EC) No 768/2006. It follows that Article 49 TFEU is clearly applicable to facts such as those at issue in the main proceedings, so that it is not necessary for the Court to rule on the interpretation of Article 21 TFEU or Article 24 (1) of Directive 2004/38. of 29 April 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 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, … (Article* 3(2)(b) of Directive* 2004/38/EC)!after! Directive and exists ex lege. The case arises as a result of a request for an Advisory Opinion made by the Supreme Court of Norway, concerning how to interpret Article 7(1)(b) and 7(2) of Directive 2004/38 (rights of residence in a host Member State for home nationals and their third country national family members) and related CJEU (especially O and B, C-456/12) and EFTA Court … M1 Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 L 33 30 8.2.2003 M2 Commission directive 2003/63/EC of 25 June 2003 L 159 46 27.6.2003 M3 Directive 2004/24/EC of the European Parliament and … 1. Directive 2004/38/EC establishes a unique judicial inst rument for the free m ovement of EU citizens and their. JUDGMENT OF THE COURT (Grand Chamber) 5 September 2012 ()(Directive 2004/38/EC - Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States - Article 3(2) - Obligation to facilitate, in accordance with national legislation, entry and residence for 'any other family members' who are dependants of … This transposition in relation Most member State had failed to implement it by the due date, … 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. The substance of Article 1 of Directive 90/365 has been maintained in Article 7(1)(b) of Directive 2004/38, argued the EFTA Court, and there is “nothing to suggest” that the latter provision must be interpreted more narrowly than the former with regard to a right to move within the EEA from the home State. It builds on national replies to a questionnaire concerning the implementation and application of Directive 2004/38 at the national level. Calls on the Commission, without delay, to submit a detailed assessment of the steps taken by Member States to implement Directive 2004/38/EC and of the correctness of its transposition by the Member States, together with any necessary proposals, acting pursuant to … European Court reports 2010 Page 00000 . Tag: Article 7(3)(b) of Directive 2004/38. Directive 2001/34/EC, OJ L 390/38. student to worker) Continuity of residence Definition of continuity of residence as per Article 16 (3) (i.e. Directive 2004/38/EC and in the case law of the Court of Justice of the European Union (CJEU). In this regard, Directive 2004/38/EC provides for a series of procedural guarantees. Directive/2004/38/EC Respected Guru Posts: 7121 Joined: Wed Oct 25, 2006 9:09 am Location: does not matter if you are with your EEA family member. Coman & Ors v Inspectoratul General [2018] EUECJ C-673/16_O (11 January 2018) Introduction. relationship! 4. Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. Freedom of movement in the EU. 2 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38). DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. The questionnaire states that “Only persons likely to be in a precarious situation are assessed (doubtful case, application to the C.P.A.S. 1. 21. The present request for a preliminary ruling concerns Article 2(2)(a), Article 3(1) and (2)(a) and (b) and Article 7(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move … This provision has been enumerated as right to freedom of movement and right to residence under the Citizenship (Free Movement) Directive 2004/38/EC. 3 Recital 5 in the preamble to Directive 2004/38 states: 'The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality. ...' M2 Commission directive 2003/63/EC of 25 June 2003 L 159 46 27.6.2003 M3 Directive 2004/24/EC of the European Parliament and of the Council of 31 March 2004 L 136 85 30.4.2004 M4 Directive 2004/27/EC of the European Parliament and of … 7 December 2000, and – most recently – Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, adopted by the European Parliament and the Council on 29 April 2004 and entering into force on 30 April 2006, are the latest decisive 8 CJEU Case 48/75 Royer [1976], para 31. 4 Article 7(1)(a) of the Directive. Our focus is on how the EU28 are implementing the provisions on social assistance for economically inactive EU … family members. Read More. Post by Directive/2004/38/EC » Mon Apr 21, 2008 1:17 pm 1. The Citizens’ Rights Directive 2004/38/EC (also sometimes called the "Free Movement Directive") defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. As stated in 38 U.S.C. 7 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 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 amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, OJ L 143, 30.4.2004, p.76-86. (Meanwhile, Swiss citizens are covered by a separate bilateral agreement whereby they are treated basically the same as EEA nationals.) Article 7 of Directive 2004/38 of the European Parliament and of the Council of the European Union relates to a right of residence on the territory of another Member State and therefore can only apply if an individual exercises a freedom of movement in another Member State. Re: Austria and Estonia. Personal Mobility: Directive 2004/38 [Flash Card 1 of 2] Article 2: family members. 5705, the term “medical quality-assurance program” means with respect to any activity carried out on or after October 7, 1980, a Department systematic health-care review activity designated by the Secretary to be carried out by Tag: Article 7 (1) (b) and (c) Directive 2004/38. 7. This is supported in the text of Article 1 of Directive 2004/38, which provides that the State has the right to restrict movement of EU citizens when there is public policy, public security or public health grounds. C4 DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 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 amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 2 Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, OJ L 69/27. Coman & Ors v Inspectoratul General [2018] EUECJ C-673/16_O (11 January 2018) Introduction. DIRECTIVE 2004/38/EC In a judgment delivered today, the EFTA Court gave judgment on questions referred to it by the Hæstiréttur Íslands (the Supreme Court of Iceland) regarding the interpretation of Articles 7 of the EEA Agreement and 27 of Directive 2004/38/EC on the right of citizens of the Union and their family Directive 2004/36/CE. Article 6 and 7 Directive 2004/38 - including right to change status (e.g. The present reference for a preliminary ruling under Article 234 EC (2 Free movement Directive 2004/38/EC. European Law Blog. The present request for a preliminary ruling concerns Article 2(2)(a), Article 3(1) and (2)(a) and (b) and Article 7(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move … In December 2017, the European Commission initiated article 7 suspension proceedings against Poland, and in September 2018, the European Parliament did the same against Hungary. All Union citizens shall have the right of residence on the territory of another Member State … Directive 2004/38/EC and "Residence Card/Permit" d. Post by ISO » Thu Mar 19, 2009 4:49 pm Greetings, Firstly, apologies if this is the wrong place for this subject but I think it is related so please forgive if I am wrong. In conformity with article 27 of Directive 2004/38/EC, the law specifies that the authorities may order an EU citizen to leave the country … (23) Directive 2001/83/EC should be amended accordingly, HAVE ADOPTED THIS DIRECTIVE: Article 1 Directive 2001/83/EC is hereby amended as follows:

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