Keywords

Summary



Keywords

1. Freedom of movement for persons - Right of entry and residence for nationals of Member States - Directives 90/364 and 90/365 - Conditions as to resources - Amount required - Obligation to fix the same amounts for the beneficiaries of both directives - None - Discretion of the Member States - National legislation requiring higher income for members of the family of beneficiaries of Directive 90/364 - Whether permissible

(Council Directives 90/364 and 90/365)

2. Freedom of movement for persons - Right of entry and residence for nationals of Member States - Directives 90/364 and 90/365 - Conditions for the issuing of a residence permit - Proof of compliance with those conditions - Discretion of the national authorities as to the proof required for that purpose - Limits - National legislation limiting the means of proof and refusing documents not issued by a public authority - Not permissible

(Council Directives 90/364 and 90/365)

3. Freedom of movement for persons - Right of entry and residence for nationals of Member States - Directive 93/96 - Conditions for the issuing of a residence permit - National legislation requiring students who are nationals of Member States to have resources of a specific amount, to be evidenced by specific documents - Not permissible

(Council Directive 93/96)

Summary

1. Even if the wording of Directive 90/364 on the right of residence and Directive 90/365 on the right of residence for employees and self-employed persons who have ceased their occupational activity is identical as regards the amount of the resources required of beneficiaries of those two directives, it does not follow that the Member States are required to fix the same amounts in both cases. Member States have some latitude in the matter, so that the fact that a Member State has a more favourable regime for family members of persons who have carried on an occupational activity than for those of beneficiaries of Directive 90/364 does not of itself constitute proof that the higher amount required of the latter exceeds the latitude allowed to Member States.

( see paras 25-26 )

2. Although Directive 90/364 on the right of residence and Directive 90/365 on the right of residence for employees and self-employed persons who have ceased their occupational activity lay down the substantive conditions, in particular as regards sickness insurance and resources, for issuing a residence permit, they do not deal expressly with the manner in which the beneficiaries of those directives must demonstrate that they fulfil those conditions. However, when exercising their powers in this area, Member States must ensure both the basic freedoms guaranteed by the Treaty and the effectiveness of directives containing measures to abolish obstacles to the free movement of persons between those States. Moreover, Member States must make use of the various possibilities offered by other rules of Community law, particularly in relation to the production of evidence, by means of certificates issued by national social security bodies at the request of the persons concerned, of the fact that those persons are covered by a specific social security scheme and of the amount of the pensions and allowances paid by those bodies. It follows that by limiting the means of proof which may be relied upon, and in particular by providing that certain documents must be issued or certified by the authority of a Member State, a Member State fails to fulfil its obligations under Directives 90/364 and 90/365.

( see paras 34-37, 48, operative part 1 )

3. It is evident from the wording of Article 1 of Directive 93/96 on the right of residence for students that the conditions for obtaining a right of residence do not include any requirement to have resources of a specific amount, evidenced by specific documents. The article refers merely to a declaration, or such alternative means as are at least equivalent, which enables the student to assure the national authority concerned that he has, for himself and, in appropriate cases, for his spouse and dependent children, resources to avoid becoming a burden on the social assistance system of the host Member State during their stay.

It follows that a Member State fails to fulfil its obligations under the directive if it requires students who are nationals of other Member States and who are seeking recognition of their and their families' right of residence in that Member State pursuant to that directive to guarantee to the national authorities that they have resources of a specific amount; if, as regards the means to be used for that purpose, it does not clearly leave such students the choice between a declaration and such alternative means as are at least equivalent; and, finally, if it does not allow the use of a declaration where a student is accompanied by members of his family.

( see paras 44, 46, 48, operative part 1 )