# CE2004084EN.01043301.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/433 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/433

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(2004/C 84 E/0504)

WRITTEN QUESTION E-0597/04

by Christopher Huhne (ELDR) to the Commission

(26 February 2004)

Subject:   Freedom of movement

Subject:

| 1. | Will the Commission tabulate for each Member State the provisions that exist whereby nationals of other Member States may avail themselves of their rights to free movement of labour? For example, which Member States insist on registration with the police or on carrying a special identity card? |
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1.

Will the Commission tabulate for each Member State the provisions that exist whereby nationals of other Member States may avail themselves of their rights to free movement of labour? For example, which Member States insist on registration with the police or on carrying a special identity card?

| 2. | At what point is the national of another Member State entitled in each case to claim benefit, and what is the level of that benefit and what are the qualifications for it? |
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2.

At what point is the national of another Member State entitled in each case to claim benefit, and what is the level of that benefit and what are the qualifications for it?

| 3. | Will the Commission list in the case of each Member State any other provisions that might be regarded as treating nationals of another Member State differently to nationals of the home Member State? |
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3.

Will the Commission list in the case of each Member State any other provisions that might be regarded as treating nationals of another Member State differently to nationals of the home Member State?

Answer given by Mr Dimas on behalf of the Commission

(1 April 2004)

(1 April 2004)

| 1. | Free movement of persons is one of the fundamental freedoms guaranteed by Community law and includes the right to live and work in another Member State. Insofar as workers are concerned, Article 39 (2) of the EC Treaty prohibits ‘any discrimination based on nationality between workers of the Member States’. Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (1) implements Article 39(2) of the EC Treaty whereas Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families (2) abolishes restrictions on movement and residents within the Community for workers and their families. Thus, migrant workers in the EU can exercise their right to free movement simply on production of a valid identity card or passport (3). According to the European Court of Justice, the Member State is entitled to check the passports or identity cards (4) and require that the nationals of the other Member States report their presence to the competent national authorities of the host State. However, such legal formalities must not be designed in such a way that they restrict the freedom of movement required by the EC Treaty or limit the right conferred on nationals of the Member States to enter and reside in the territory of any other Member State for the purposes intended by Community law. (5) Host Member States may also require migrant workers to obtain a residence card. The same rules apply to other EU nationals who make use of their right of free movement and residence.
  According to the Commission's information, Spain has suppressed the obligation to obtain a residence card for EU citizens who are workers, self-employed persons, students or beneficiaries of the right of permanent residence. France has also recently adopted legislation suppressing this obligation for all EU citizens, but this shall not apply to workers from acceding States who will still need to obtain a residence card for as long as the transitional measures last. The rest of the Member States' legislations still lay down the obligation for EU citizens to obtain a residence card. |
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1.

Free movement of persons is one of the fundamental freedoms guaranteed by Community law and includes the right to live and work in another Member State. Insofar as workers are concerned, Article 39 (2) of the EC Treaty prohibits ‘any discrimination based on nationality between workers of the Member States’. Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (1) implements Article 39(2) of the EC Treaty whereas Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families (2) abolishes restrictions on movement and residents within the Community for workers and their families. Thus, migrant workers in the EU can exercise their right to free movement simply on production of a valid identity card or passport (3). According to the European Court of Justice, the Member State is entitled to check the passports or identity cards (4) and require that the nationals of the other Member States report their presence to the competent national authorities of the host State. However, such legal formalities must not be designed in such a way that they restrict the freedom of movement required by the EC Treaty or limit the right conferred on nationals of the Member States to enter and reside in the territory of any other Member State for the purposes intended by Community law. (5) Host Member States may also require migrant workers to obtain a residence card. The same rules apply to other EU nationals who make use of their right of free movement and residence.

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According to the Commission's information, Spain has suppressed the obligation to obtain a residence card for EU citizens who are workers, self-employed persons, students or beneficiaries of the right of permanent residence. France has also recently adopted legislation suppressing this obligation for all EU citizens, but this shall not apply to workers from acceding States who will still need to obtain a residence card for as long as the transitional measures last. The rest of the Member States' legislations still lay down the obligation for EU citizens to obtain a residence card.

| 2. | According to Article 7(2) of Regulation (EEC) No 1612/68, EU migrant workers ‘shall enjoy the same social and tax advantages as national workers’ in the host Member State. Community law does not regulate the level at which these social and tax advantages are set by the individual Member States, but guarantees that regardless of the level at which they are set by a particular Member State, migrant workers from other Member States will need to be given the same treatment. |
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2.

According to Article 7(2) of Regulation (EEC) No 1612/68, EU migrant workers ‘shall enjoy the same social and tax advantages as national workers’ in the host Member State. Community law does not regulate the level at which these social and tax advantages are set by the individual Member States, but guarantees that regardless of the level at which they are set by a particular Member State, migrant workers from other Member States will need to be given the same treatment.

| 3. | The Commission can ensure the Honourable Member that it doesn't hesitate to act in accordance with its duty as a guardian of the treaties, when a Member State is in breach of Community law provisions which prohibit discrimination on the ground of nationality. |
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3.

The Commission can ensure the Honourable Member that it doesn't hesitate to act in accordance with its duty as a guardian of the treaties, when a Member State is in breach of Community law provisions which prohibit discrimination on the ground of nationality.

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(1)  OJ L 257, 19.10.1968, Articles 1-12 as amended by Council Regulation (EEC) No 312/76, OJ L 39, 14.2.1976.

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(2)  OJ L 257, 19.10.1968.

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(3)  Dir. 68/360, Article 2(1); Article 3(1); Case C- 68/89; Commission v. Netherlands [1991] ECR I-2637, [1993] 2 CMLR 389. The requirement to hold and produce a valid identity card or passport will not disappear until there has been complete harmonization of national laws concerning immigration into the Community, the grant of visas, asylum and so forth: see Case C-378/97: Wijsenbeck [199] ECR I-6207, paras. 39-45.

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(4)  Case 321/87: Commission v. Belgium [1989] ECR 997.

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(5)  Case C-265/88: Re Messner [1989] ECR 4209.

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