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The information here reflects the current status of the procedure
Identification
Reference COD/2001/0111  
Title Union citizenship: free movement and residence for citizens and their families within the Member States' territory
Legal Basis EC 052 ; EC 040 ; EC 018 ; EC 012  
Dossier of the committee LIBE/5/19226
Subject(s) 2.20 free movement of persons
Stage reached Procedure ended
Stages
Stages Documents: references Dates
Source reference Equivalent references Votes and amendments Joint resolution of document of publication in Official Journal
Commission/Council: initial legislative document Summaries EC COM(2001)0257 C5-0336/2001         23/05/2001 C 270 25.09.2001, p. 0150 E
Committee of the Regions: opinion   CofR CDR0287/2001           13/03/2002 C 192 12.08.2002, p. 0017
Economic and Social Committee: opinion, report   ESC CES0522/2002           24/04/2002 C 149 21.06.2002, p. 0046
EP: draft report by the committee responsible   EP PE319.238           06/11/2002  
EP: decision of the committee responsible, 1st reading/single reading Summaries               21/01/2003  
EP: tabled legislative report, 1st reading or single reading   EP A5-0009/2003           21/01/2003  
EP: position, 1st reading or single reading Summaries EP T5-0040/2003           11/02/2003 C 043 19.02.2004, p. 0017-0042 E
Commission: modified legislative proposal Summaries EC COM(2003)0199 C5-0183/2003         15/04/2003  
Council: statement on common position   CSL 14067/2003           29/10/2003  
Council: common position Summaries CSL 13263/3/2003 C5-0014/2004         05/12/2003 C 054 02.03.2004, p. 0012-0032 E
Commission: communication on the common position Summaries EC SEC(2003)1293           30/12/2003  
EP: draft report by the committee responsible   EP PE339.588           02/02/2004  
EP: decision of the committee responsible, 2nd reading Summaries               19/02/2004  
EP: tabled legislative report, 2nd reading   EP A5-0090/2004           19/02/2004  
EP: position, 2nd reading Summaries EP T5-0160/2004           10/03/2004 C 102 28.04.2004, p. 0518-0571 E
Final legislative act Summaries EU 32004L0038           29/04/2004 L 229 29.06.2004, p. 0035-0048
  Follow-up documents
Agents
European Parliament
Committee
Rapporteur / Co-rapporteurs   Previous
Political group Appointed
Citizens' Freedoms and Rights, Justice and Home Affairs (responsible)
Santini Giacomo
PPE-DE
11/09/2002
European Commission and Council of the Union
European Commission DG Justice, Freedom and Security Transmission date: 29/06/2001
Council of the Union
  Previous Councils
  Transport, Telecommunications and Energy meeting: 2551 of: 05/12/2003
Links to other sources
National parliaments IPEX
European Commission PreLex
 
29/04/2004 - Final legislative act
PURPOSE : to simplify and enhance the Union's citizens' rights of movements and residence.
LEGISLATIVE ACT : Directive 2004/38/EC of the European Parliament and of the Council 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 93/96/EEC.
CONTENT : This Directive drastically simplifies the formalities for Union citizens and their family members to exercise the right of residence, cutting them back to the bare essentials. It lays down:
- the conditions governing the exercise of the right of free movement and residence within the territory of the Member States by Union citizens and their family members;
- the right of permanent residence in the territory of the Member States for Union citizens and their family members;
- the limits placed on the rights set out above on grounds of public policy, public security or public health.
The main points are as follows:
- the definition of "family member" also includes the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage;
- Union citizens have the right of residence in the host Member State for a period not exceeding three months without being subject to any conditions or any formalities other than the requirement to hold a valid identity card or passport, without prejudice to a more favourable treatment applicable to job-seekers as recognised by the case-law of the Court of Justice;
- the right of residence for Union citizens and their family members for periods in excess of three months is subject to conditions. For periods of residence of longer than three months, Member States may require Union citizens to register with the competent authorities in the place of residence, attested by a registration certificate issued to that effect;
- for people not in work and students, the right of residence is subject to their having sufficient resources and sickness insurance. Evidence that the two conditions are met is given by a simple bona fide declaration. Member States may not lay down a fixed amount which they regard as "sufficient resources",
but they must take into account the personal situation of the person concerned. In all cases this amount must not be higher than the threshold below which nationals of the host Member State become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the host Member State;
- the requirement for a residence card is restricted to family members of Union citizens who are not nationals of a Member State for periods of residence of longer than three months;
- a right of permanent residence is be laid down for all Union citizens and their family members who have resided in the host Member State in compliance with the conditions laid down in this Directive during a continuous period of five years without becoming subject to an expulsion measure. The right of permanent residence, once obtained, may not be subject to any conditions;
- it is left to the host Member State to decide whether it will grant social assistance during the first three months of residence, or for a longer period in the case of job-seekers, to Union citizens other than those who are workers or self-employed persons or who retain that status or their family members, or maintenance assistance for studies, including vocational training, prior to acquisition of the right of permanent residence, to these same persons;
- only in exceptional circumstances, where there are imperative grounds of public security, may an expulsion measure be taken against Union citizens who have resided for many years in the territory of the host Member State, in particular when they were born and have resided there throughout their life. In addition, such exceptional circumstances must also apply to an expulsion measure taken against minors, in order to protect their links with their family;
- the right of Union citizens and 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 three year period from enforcement of the final exclusion order, is confirmed.
ENTRY INTO FORCE : 30/04/04.
DATE OF TRANSPOSITION : 30/04/06.
 
List of summaries
Summaries 02/07/2009 Commission/Council: follow-up document
Summaries 29/04/2004 Final legislative act
Summaries 10/03/2004 EP: position, 2nd reading
Summaries 19/02/2004 EP: decision of the committee responsible, 2nd reading
Summaries 30/12/2003 Commission: communication on the common position
Summaries 05/12/2003 Council: common position
Summaries 15/04/2003 Commission: modified legislative proposal
Summaries 11/02/2003 EP: position, 1st reading or single reading
Summaries 21/01/2003 EP: decision of the committee responsible, 1st reading/single reading
Summaries 23/05/2001 Commission/Council: initial legislative document
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