WRITTEN QUESTION E-3238/02

by Christopher Huhne (ELDR) to the Commission

(15 November 2002)

Subject: Identity cards

1. Does any EU Member State require that employers are shown an identity card before an employee can be hired?

2. Do any EU Member States require that such a card is nationally-issued so that a foreign but EU citizen has to apply first for a national identity card before availing themselves of the provisions for freedom of movement?

3. In the Commission's view, is such a procedure consistent with EU rules?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(20 December 2002)

The Honourable Member asks two questions:

- whether any Member State requires a person to show an identity card before he can be hired,

- whether any Member State requires a person to apply for a national identity card before they can exercise their right to freedom of movement.

Article 18 of the EC Treaty lays down the principle of the right of citizens of the Union to move and reside freely within the territory of the Member States. However, this right is subject to the limitations and conditions laid down in the EC Treaty, and to the measures adopted to give it effect.

According to Article 2 of Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of the Member States and their families(1), Union citizens can leave the territory of a Member State in order to enter another Member State on simple production of a valid identity card or passport.

The same article states that Member States shall, acting in accordance with their laws, issue to their own nationals an identity card (or passport), which shall state in particular the holder's nationality. As identity cards are a proof on nationality, Member States can only issue such documents to their own nationals.

Directive 68/360/EEC also provides that Member States shall grant a right of residence to migrant workers, and that as proof of the right of residence, a residence card shall be issued (articles 3 & 4). The Member State must issue a residence permit to a migrant worker upon production of the document with which he entered the Member State (identity card or passport) and proof of employment. Article 5 of Directive 68/360/EEC specifically provides that the completion of the formalities for obtaining a residence permit shall not prevent the immediate beginning of employment.

It is in the above context, of obtaining a residence permit, that Member States may ask for the identity card of a migrant worker. The Commission would recall that the Community rules on the free movement of workers only apply to nationals of the Member States, and their family members. An identity card is usually a proof of nationality, and in some circumstances it might not be unreasonable for an employer or the national authorities of a Member State to ask for proof of nationality. The Commission is not aware of any standard practice in any Member State of requiring a person to show an identity card before he can start work. If such a practice did exist it would have to be proportionate and based on the circumstances of each individual case.

(1) OJ L 257, 19.10.1968.