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Parliamentary questions
PDF 103kWORD 25k
15 October 2015
P-013838-15
Question for written answer P-013838-15
to the Commission
Rule 130
Jussi Halla-aho (ECR)

 Subject:  Freedom of movement and circumvention of national legislation on immigration by means of family reunification for third-country nationals
 Answer in writing 

Directive 2004/38/EC regulates the right of EU nationals to reside freely in another EU Member State, which also extends to family members of EU nationals. In judgment C-127/08, the Court of Justice of the EU clarified the application of this directive in cases in which, after a Community national has exercised the right to freedom of movement, a family member of his enters EU territory directly from a third country. According to the Court of Justice, national authorities cannot require a person coming from a third country for purposes of family reunification with a national of another EU Member State residing in their territory to have previously resided in another Member State, because the right to freedom of movement is unlimited, except in cases where, inter alia, public safety or public health is endangered. It also follows from this that it is not possible to require a sponsor who has exercised the right to freedom of movement to have, for example, adequate means of subsistence before family reunification is permitted. Thus, with the aid of the rules on freedom of movement, an EU national can circumvent any restrictions on family reunification with third-country nationals that his home country may have imposed on nationals by moving temporarily to another EU Member State. Freedom of movement in the EU is one of the EU’s basic principles, but when the system was established, no account was taken of the possibility that, by abusing the right to move freely, EU nationals could to a considerable extent prevent the application of national immigration legislation. In order to prevent abuses which are facilitated by freedom of movement, Directive 2004/38/EC ought to be amended with regard to the right of third-country nationals to come for the purpose of living as family member with an EU national who has moved to another Member State. Then it would be possible to limit family reunification with an EU national who had moved to another Member State if the persons arriving for purposes of family reunification came directly from third countries.

Will the Commission propose amendments to Directive 2004/38/EC which will make it possible to prevent circumvention of national rules on family reunification with the aid of the rules on freedom of movement in the case of third-country nationals?

Original language of question: FI 
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