Opinion of the Committee of the Regions on the "Proposal for a European Parliament and Council Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States"
Date: 2002-03-13
Institutions: European Committee of the Regions
Subjects: EC recommendation, European citizenship, administrative formalities, free movement of persons, residence permit

12.8.2002

EN

Official Journal of the European Communities

C 192/17

2.9.
The CoR welcomes the proposed inquiry to identify
and assess financial movements within the European cinemato-
graphic industry; regional/locally produced films should also
receive attention.

on the Commission to encourage women to be creative so as
to bring a female content and perspective to productions, e.g.
by arranging special training for women in scriptwriting,
recording techniques and directing.

2.10.
Looking ahead to the review of the directive on
television without frontiers, the CoR proposes that regional/
locally produced films be disseminated via regional and
national TV channels so as to promote cultural diversity.

2.11.
The cinema and TV industry has often been domi-
nated by men, especially on the technical front. The CoR calls

2.12.
It is suggested that action to assist persons with
disabilities should concentrate in the first instance on those
who are deaf or have impaired hearing (sign language interpret-
ation; texting). Technical advances such as split TV screens
should be put to good use.

Brussels, 13 March 2002.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on the ‘Proposal for a European Parliament and Council
Directive on the right of citizens of the Union and their family members to move and reside
freely within the territory of the Member States’

(2002/C 192/05)

THE COMMITTEE OF THE REGIONS,

having regard to the Proposal for a European Parliament and Council Directive on the right of citizens of
the Union and their family members to move and reside freely within the territory of the Member States
[COM(2001) 257 final — 2001/0111 (COD)];

having regard to the decision of the Council of 30 August 2001, under the first paragraph of Article 265
of the Treaty establishing the European Community, to consult the Committee on this matter;

having regard to the decision of the Bureau of the Committee of the Regions of 12 June 2001 to instruct
Commission 7 — Education, Vocational Training, Culture, Youth, Sport and Citizens’ Rights — to draw
up the relevant opinion;

having regard to the Draft Opinion (CdR 287/2001 rev. 2) unanimously adopted by Commission 7 on
30 November 2001 [rapporteur: Mr Roberto Pella, Mayor of Valdengo (I-PPE)],

adopted the following opinion at its 43rd plenary session of 13 March 2002.

1. The views of the Committee of the Regions

1.2. More specifically, it believes it is necessary to establish
a single legislative instrument, bringing together and sup-
plementing the present items of Community legislation, which
include two regulations and nine directives.

1.1.
The Committee welcomes the draft directive presented
by the Commission, which aims to strengthen the right of
citizens of the Union and their family members to move and
reside freely within the territory of the Member States.

1.3.
The most positive aspect of the proposal is that it
removes the inconsistencies in the current legislation arising

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Official Journal of the European Communities

12.8.2002

from the fact that the two regulations and nine directives
mentioned above have different parts of the EC Treaty as their
legal bases and are specific to different categories of people.

market, where forms of employment are increasingly flexible
and often temporary.

1.4.
The Committee believes that the new measures put
forward are essential if European citizenship is to become a
reality, and if the Union’s different national identities — which
in their essential cultural diversity are a source of wealth —
are to be integrated.

1.11.
The Committee appreciates the care taken to safe-
guard the legitimate right of all Member States, as recognised
by the Court of Justice, to keep track of people’s movement
on their own territory. Compulsory registration with the
appropriate authorities in the place of residence is retained.

1.5.

The main objectives of the proposed measures are:

— to make the terms of free movement more flexible;

— to extend the right to residence without formalities to six

months;

— to guarantee the right of permanent residence after four

years of residence in the host country;

— to make it easier for the family members of EU citizens
to exercise the right of free movement and residence,
whatever their citizenship;

— to precisely define the limitations on the right of resi-

dence.

1.6.
The draft directive offers comprehensive protection for
the right of free movement, since it applies to all EU citizens
travelling to or staying in another Member State, together with
their family members travelling with them or joining them
later, regardless of nationality:
there are no stipulations
regarding the purpose of the journey or stay.

1.7.
The Committee unconditionally endorses the extension
from three to six months of the right to residence without
formalities, in line with Article 40 of the EC Treaty, which
provides for abolishing administrative procedures and prac-
tices which might hamper the free movement of workers.

that

The Committee welcomes the fact

1.8.
the draft
directive makes a residence card compulsory only for citizens
of third countries and their families. For EU citizens, the
residence card thus has a purely declaratory value, proving a
pre-existing right, and so is not constitutive of their right of
residence. The fact that they are not obliged to acquire a
residence card is also a definite advantage in terms of
simplifying administrative procedures.

1.12.
The Committee of the Regions has frequently voiced
its long-standing demand for administrative procedures to be
streamlined as far as possible, also with a view to relieving the
bureaucratic pressure on local and regional authorities.

1.13.
The Committee considers that a period of four years
is sufficient to provide an acceptable level of integration for a
Union citizen in the host country; it therefore welcomes the
establishment of the right of permanent residence (a new
concept introduced by the draft directive), to be conferred after
four years of continuous residence.

1.14.
The Committee is pleased at the central focus in the
draft directive on the need to preserve family unity, and in
particular the new definition of ‘family member’, which covers
not only spouses but also unmarried partners (not explicitly
recognised under current legislation), together with both the
descendants of a spouse/partner, regardless of whether or not
they are minors or dependent, and their ascendants, whether
or not they are dependent (current legislation only recognises
them if dependent). The proposal for a directive is thus in line
with the wider definition of ‘family’ already recognised in some
Member States, while still respecting the legislation of those
countries that have not decided to apply this definition.

The proposal’s intention to eliminate any negative
1.15.
effects concerning family reunification is to be welcomed. At
present, divorced spouses and children who are no longer
minors or dependent on the Union citizen may have the right
of residence taken away from them, regardless of
their
nationality. This often has serious implications for third
country nationals who are members of a Union citizen’s
family.

The Committee welcomes the full recognition of the
1.9.
legal validity of self-certification, which is already applied in
many Member States.

1.10.
The Committee notes that this provides an effective
response to the demand for mobility on the present-day labour

1.16.
The proposal also acknowledges the central role of
the family by aiming to provide a clearer definition of the
circumstances under which the right of residence may be
restricted on the grounds of public policy, public security and
public health.

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Official Journal of the European Communities

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1.17.
The draft directive also reinforces the right of family
members of EU citizens to work in an employed or self-
employed capacity in the host Member State, irrespective of
their nationality.

1.18.
Specific arrangements for residence by students and
economically inactive persons are laid down. They must have
sufficient economic resources and health insurance cover: this
safeguards the host Member State’s right not to have to support
their social or health care expenses.

The proposal

is based on the Court of

Justice’s
1.19.
interpretation of the concept of public policy, and introduces
new provisions drawing on the area of fundamental rights in
order to provide Union citizens with greater protection and
enhanced safeguards in dealings with both administrative
authorities and the courts concerning any decisions restricting
their fundamental right of movement and residence.

1.20.
with family ties in the host Member State.

Such protection is especially important for minors

2. The Committee of the Regions’ recommendations

The Committee of the Regions

2.1.
commends the Commission on its proposal which not
only provides a long-awaited single reference text, but also
contains fundamental innovations protecting Union citizens’
rights, especially with regard to family unity and the right to
move and stay freely in any Member State;

particularly welcomes the further guarantees of free
2.2.
movement which the draft directive gives to categories of
people whose movement is not adequately facilitated by
existing legislation, such as researchers, artists and those
involved in culture generally;

2.3.
hopes that the clarity and comprehensive nature of the
single text proposed will make it readily accessible to EU
citizens, who experience considerable difficulty in interpreting
the rules set out in the regulations and directives currently in
force;

2.4.
calls upon the Commission to seek cooperation with
local and regional authorities in boosting awareness of the
new European legislation, and to increase the involvement of
EU citizens in defending their rights;

Brussels, 13 March 2002.

2.5.
is convinced that the active involvement of local and
regional authorities can also help provide an effective remedy
to unfair administrative practices, whereby numerous docu-
ments, which are not in fact required under EU law, are often
demanded;

strongly advocates self-certification on the part of EU
2.6.
citizens to provide evidence of certain personal circumstances.
This practice, adopted in many EU Member States, speeds up
administrative procedures significantly;

2.7.
hopes that all the Member States will soon incorporate
the practice of self-certification into their national legislation;

urges the Commission,

in agreement with all the
2.8.
parties concerned, to deploy all means necessary to ensure that
Member States transpose the new Community directive, as in
the past there have been serious shortcomings in this area on
the part of the Member States;

2.9.
hopes that in the future, when the final adjustments
are made to the legislation in force, particular attention will
continue to be paid to the rights of third country nationals
who belong to a Union citizen’s family group. The principle of
family unity is crucial;

recommends that the approach undertaken also be
2.10.
pursued in relation to instruments of secondary legislation, by
drafting more easily understood single texts in order to provide
EU citizens with a clearer picture of the legal framework;

2.11.
calls on the Commission, in its moves to eliminate
vocational barriers to the free movement of workers, to
continue the process of approximating the laws, regulations
and administrative provisions relating to education and train-
ing, with a view to the recognition of educational qualifications,
coordination to enable students to continue their studies
without interruption in another Member State, and closer
alignment of the education systems of the various Member
States;

2.12.
urges that careful attention also be paid to the
problem of supplementary pensions. If movement of workers
is to become a reality, an effective solution must be found to
the problem of discrepancies between the Member States’
pension schemes.

The President

of the Committee of the Regions

Albert BORE