Four Member States Taken To Task Over Free Movement Of EU Citizens

by Ulrika Lomas, for LawAndTax-News.com, Brussels

06 July 2007

The European Commission announced on Wednesday that it has decided to pursue infringement proceedings against Greece, Malta, Luxembourg and the United Kingdom, for non-communication of their national implementing measures to transpose a key Directive consolidating and strengthening the free movement rights of EU citizens and their family members.

Directive 2004/38/EC brings together the complex body of legislation that existed in this area and creates a single legal regime for free movement within the context of EU citizenship for all categories of Union citizens.

It simplifies and strengthens the right of free movement and residence for all EU citizens and their family members. It creates important new rights such as the extension of family reunification rights to registered partners, and the creation of a right to permanent residence after five years of residence in the host Member State, which will no longer be subject to conditions.

The Directive finally increases protection against expulsion on grounds of public order, public security and public health of Union citizens and their family members.

Franco Frattini, Vice-President of the Commission, explained that:

"This Directive constitutes a milestone in the EU integration process by substantially enhancing the ability of EU citizens and their family members to move and reside freely within the EU. Enjoyment of free movement and residence across the EU strengthens the feeling of Union citizenship and is a fundamental objective of the Union".

The Vice-President expressed concern with regard to the magnitude of delays in transposing the Directive, and encouraged the Member States in question to "step up their transposition efforts". The deadline for transposing the Directive into national law was 30 April 2006.

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