Libertatea de Circulație a Persoanelor

SUMMARY

FREE MOVEMENT RIGHTS FOR THE CITIZENS FROM THE EUROPEAN UNION

The right to free movement is one of the most visible advantages of a united Europe for individual citizens even if it is, as we know, subject to the limitations and conditions laid down in the EC Treaty and by the measures adopted to give it effect. Millions of European Union citizens have taken advantage of their rights and now live in another Member State of the Union.

The right to free movement was given a boost in 1985 when Germany, France and the Benelux countries ( Belgium, the Netherlands and Luxembourg) signed an intergovernmental agreement on gradually abolishing internal border checks, in the small Luxembourg border town of Schengen.

The Schengen Agreement was followed in 1990 by the Schengen Convention, which finally came into force in 1995.The Schengen Convention abolished controls at the internal borders between the signatories, harmonised controls at the external frontiers of the “Schengen area” and introduced a common policy on short-stay visas for third-country nationals and other accompanying measures like police and judicial cooperation. The Schengen signatories agreed that each country could reintroduce controls at their shared borders only temporarily and in specific, clearly defined circumstances.The Schengen provisions were not intended to regulate the right to long-term residence and work, neither for European Union citizens nor for third-country nationals.

Since then, however, as the social and human dimension of the European area has increased, notably in the form of introduction of citizenship of the Union, the right to free movement has been extended to all categories of citizens, be they economically active or not, and to their family. Since the Schengen acquis was integrated into Community law, the concept of “free movement” is used in two senses. First, in the traditional sense of free movement for European Union citizens, the right to enter, stay and remain in another Member State; second, in the sense of anyone being able to cross the internal borders without undergoing checks.

In the early days of the European project, only workers benefited from free movement. Over the years,this right has been extended, through legislation and case law, to encompass all categories of citizens.

People can now move to another European Union country to retire, study, or live without engaging in economic activities, as well as moving to work abroad.

However, despite these impressive advances, European Union citizens can still face problems when they move to another Member State.Common concerns include lengthy administrative procedures in obtaining residence documents and problems associated with the application of the rights of family members, especially when they are third country nationals.

In order to overcome these difficulties, in May 2001 the European Commission presented a proposal, with the aim of updating existing legislation in order to make it easier for citizens to move around the European Union.

Following the Maastricht Treaty, the rights of economically-active persons to free movement within the European Union have been complemented by limited rights for non-economically-active citizens to move freely within the European Union, under Article 18 (1) of the European Community Treaty and Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union to move and reside freely within the Member States, which brings together the piecemeal measures found in the complex body of legislation that has governed this matter to date.

The new measures are designed, among other things, to encourage Union citizens to exercise their right to move and reside freely within Member States, to cut back administrative formalities to the bare essentials, to provide a better definition of the status of family members and to limit the scope for refusing entry or terminating the right of residence.

The Directive merges into a single instrument all the legislation on the right of entry and residence for Union citizens, consisting of two regulations and nine directives. This simplification will make it easier not only for the general public but also for public authorities to exercise their rights. The Directive also sets out to reduce to the bare minimum the formalities which Union citizens and their families must complete in order to exercise their right of residence.

Free movement of persons between the Member States of the European Union became one of the basic aims of the Union. What has become true for capital, goods and services had to be a reality for people too.

This Directive represents an important step in the definition of a strong concept of citizenship of the Union.

How do the provisions contained in the Directive improve the current arrangements and meet the

concerns expressed by citizens?

Firstly, bringing together the content of the existing nine Directives into one single legislative instrument will give this right more transparency and make it easier to apply, both for our citizens and for national administrations.

Secondly, administrative formalities are reduced. On the basis of the new Directive, European Union citizens will no longer need to obtain a residence permit in the Member State where they reside: a simple registration with the competent authorities will be enough, and even this will only be required if it is deemed necessary by the host Member State. These steps towards reducing the burden of bureaucracy are inline with moves already taken by several Member States to abolish the requirement for a residence permit.The Directive also seeks to facilitate the movement of family members.

The Directive has the potential to make an enormous difference for the good of the millions European Union citizens who currently reside abroad and the many more who will want to do so in the future. It will also encourage mobility of European Union citizens across the Union, which in return will have a positive impact on the competitiveness and development of European economies.