natgillin/translations-raw huggingface dataset:
No express reference is being made in Spanish law to the need to notify in writing the person concerned of the expulsion decision, and that they need to be informed “precisely and in full, of the public policy, public security and public health grounds on which the decision taken in their case is based”.
No express reference is being made in Spanish law to the need to notify in writing the person concerned of the expulsion decision, and that they need to be informed “precisely and in full, of the public policy, public security and public health grounds on which the decision taken in their case is based”.
In the case of Slovenia , the situation appears to be even more worrying as according to the answers provided by the Slovenian National Parliament, no data on procedural safeguards in the country are at all available.
In the case of Slovenia , the situation appears to be even more worrying as according to the answers provided by the Slovenian National Parliament, no data on procedural safeguards in the country are at all available.
Union citizenship constitutes the fundamental status of nationals of the MS.
Union citizenship constitutes the fundamental status of nationals of the MS.
Case C-184/99, Grzelczyk [2001] ECR I-6193, paragraph 31.
Case C-184/99, Grzelczyk [2001] ECR I-6193, paragraph 31.
This status, as well as the rights attached to it (e.g. the freedom of movement), is dynamic and transformative in scope and potentials.
This status, as well as the rights attached to it (e.g. the freedom of movement), is dynamic and transformative in scope and potentials.
It remains in constant change thanks to the substantive instruments and institutional structures of the EU legal system.
It remains in constant change thanks to the substantive instruments and institutional structures of the EU legal system.
EU secondary law has progressively affected and expanded its original substance provided by the Treaties.
EU secondary law has progressively affected and expanded its original substance provided by the Treaties.
The increasing involvement of the Community Courts is also limiting MS’s discretionary powers and exceptions to the European fundamental rights that Union citizenship confers.
The increasing involvement of the Community Courts is also limiting MS’s discretionary powers and exceptions to the European fundamental rights that Union citizenship confers.
Carrera and Merlino (2008).
Carrera and Merlino (2008).
The Directive 2004/38 has substantially revisited the nature of and limits to the freedom to move.
The Directive 2004/38 has substantially revisited the nature of and limits to the freedom to move.
It has also reduced the administrative formalities for exercising free movement rights.
It has also reduced the administrative formalities for exercising free movement rights.
It has brought a great simplification to previous regulatory framings, by merging into a single instrument all former sectoral legislation (two regulations and nine directives).
It has brought a great simplification to previous regulatory framings, by merging into a single instrument all former sectoral legislation (two regulations and nine directives).
Refer to Apap (2002).
Refer to Apap (2002).
Notwithstanding, citizens of the Union and their family members continue to face significant barriers at times in accessing and enjoying their full set of rights and freedoms across the national arenas in the EU.
Notwithstanding, citizens of the Union and their family members continue to face significant barriers at times in accessing and enjoying their full set of rights and freedoms across the national arenas in the EU.
This Briefing Paper has examined some of the main deficits emerging from the responses provided by National Parliaments to the questionnaire elaborated by the LIBE Committee of the EP.
This Briefing Paper has examined some of the main deficits emerging from the responses provided by National Parliaments to the questionnaire elaborated by the LIBE Committee of the EP.
While acknowledging the limitations and methodological deficiencies characterizing the EP’s overall evaluation exercise – the partial and incomplete nature of the information coming out of the answers by the 11 National Parliaments to the questionnaires – the following four thematic areas of particular concern have been identified on the basis of the questionnaires: First, the treatment granted to third-country nationals’ family members and registered partnerships; Second, the administrative requirements applying to the rights to enter and reside; Third, restrictions from having access to social benefits; and finally, the use of expulsion powers.
While acknowledging the limitations and methodological deficiencies characterizing the EP’s overall evaluation exercise – the partial and incomplete nature of the information coming out of the answers by the 11 National Parliaments to the questionnaires – the following four thematic areas of particular concern have been identified on the basis of the questionnaires: First, the treatment granted to third-country nationals’ family members and registered partnerships; Second, the administrative requirements applying to the rights to enter and reside; Third, restrictions from having access to social benefits; and finally, the use of expulsion powers.
The European Commission Report COM(2008) 840 and the Draft Opinion of the Committee on Legal Affairs of the EP
The European Commission Report COM(2008) 840 and the Draft Opinion of the Committee on Legal Affairs of the EP
European Parliament, Draft Opinion of the Committee of Legal Affairs for the Committee on Civil Liberties, Justice and Home Affairs, on the application of Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States, 2008/2184(INI) , Rapporteur: Monica Frassoni, 16 January 2009. have both concluded that the national transposition of Directive 2004/38 in the legal systems in a majority of MS contradicts directly the supranational framework of protection provided by Directive 2004/38.
European Parliament, Draft Opinion of the Committee of Legal Affairs for the Committee on Civil Liberties, Justice and Home Affairs, on the application of Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States, 2008/2184(INI) , Rapporteur: Monica Frassoni, 16 January 2009. have both concluded that the national transposition of Directive 2004/38 in the legal systems in a majority of MS contradicts directly the supranational framework of protection provided by Directive 2004/38.
This paper has confirmed these critical concerns by further illustrating some problematic implementing measures and domestic practices that are incompatible with the fundamental right of freedom of movement by EU citizens and their family members (including TCNs), and therefore contravene the very institution of European citizenship.
This paper has confirmed these critical concerns by further illustrating some problematic implementing measures and domestic practices that are incompatible with the fundamental right of freedom of movement by EU citizens and their family members (including TCNs), and therefore contravene the very institution of European citizenship.
The synthesized overview which has been provided gives grounds for challenging common assertions that ‘take too easily for granted’ the capacity of MS, and therefore that of the Union as a whole, to ensure proper and timely implementation of EU legislation and ECJ jurisprudence, and that of the European Commission to ensure MS compliance through its current structures (human resources and budget) and enforcement mechanisms.
The synthesized overview which has been provided gives grounds for challenging common assertions that ‘take too easily for granted’ the capacity of MS, and therefore that of the Union as a whole, to ensure proper and timely implementation of EU legislation and ECJ jurisprudence, and that of the European Commission to ensure MS compliance through its current structures (human resources and budget) and enforcement mechanisms.
The protection of the freedom to move (as a seminal part of the status of European citizenship) as provided by EU law and as developed by Community Courts constitutes a central element of EU citizens’ expectations towards the Union.
The protection of the freedom to move (as a seminal part of the status of European citizenship) as provided by EU law and as developed by Community Courts constitutes a central element of EU citizens’ expectations towards the Union.
It is in the national transposition phase where the greatest care and attention needs to be taken in order to ensure that MS discretion and ‘exceptionalism’ (i.e. exceptions to European fundamental rights) do not go beyond the level of protection provided by the common set of guarantees and freedoms envisaged in the EU legal regime.
It is in the national transposition phase where the greatest care and attention needs to be taken in order to ensure that MS discretion and ‘exceptionalism’ (i.e. exceptions to European fundamental rights) do not go beyond the level of protection provided by the common set of guarantees and freedoms envisaged in the EU legal regime.
The incapacity of current structures and enforcement mechanisms to duly ensure a correct and timely transposition of EU law in such a fundamental aspect of European identity such as that of the freedom of movement is simply unacceptable for the sake of the legitimacy and reputation of the EU project as a whole.
The incapacity of current structures and enforcement mechanisms to duly ensure a correct and timely transposition of EU law in such a fundamental aspect of European identity such as that of the freedom of movement is simply unacceptable for the sake of the legitimacy and reputation of the EU project as a whole.
Further, the main victims of this failure are the liberty and security of the individual.
Further, the main victims of this failure are the liberty and security of the individual.
If the EU wants to communicate with the citizen and for the citizen honestly to engage with EU law and policy, it must show the citizen that fundamental rights are duly protected against improper use – including unacceptable laws and practices by MS in the scope of EU law.
If the EU wants to communicate with the citizen and for the citizen honestly to engage with EU law and policy, it must show the citizen that fundamental rights are duly protected against improper use – including unacceptable laws and practices by MS in the scope of EU law.
See Guild (2007a).
See Guild (2007a).
By delivering protection to the individual beyond the nation-state, the EU fosters European identity and confidence amongst its citizens and others.
By delivering protection to the individual beyond the nation-state, the EU fosters European identity and confidence amongst its citizens and others.
The EP, in cooperation with National Parliaments, could (and should) play a more decisive role at times of exercising a democratic account/review of the national laws and practices covering the common set of European rights and fundamental freedoms, and that they are respected consistently and implemented coherently all across the Union.
The EP, in cooperation with National Parliaments, could (and should) play a more decisive role at times of exercising a democratic account/review of the national laws and practices covering the common set of European rights and fundamental freedoms, and that they are respected consistently and implemented coherently all across the Union.
This would help overcome illiberal interference and unacceptable exceptions by MS in relation to the freedom of movement and the status of Union Citizenship.
This would help overcome illiberal interference and unacceptable exceptions by MS in relation to the freedom of movement and the status of Union Citizenship.
The innovative institutional setting provided by the still pending Treaty of Lisbon will guarantee an enhanced and active role to National Parliaments in the evaluation mechanisms for the implementation of AFSJ-related policies.
The innovative institutional setting provided by the still pending Treaty of Lisbon will guarantee an enhanced and active role to National Parliaments in the evaluation mechanisms for the implementation of AFSJ-related policies.
Ideally this role should favour an increased involvement of National Parliaments at times of safeguarding European interests and fundamental rights in their respective domestic arenas in the scope of a common AFSJ.
Ideally this role should favour an increased involvement of National Parliaments at times of safeguarding European interests and fundamental rights in their respective domestic arenas in the scope of a common AFSJ.
It is also for National Parliaments to assist citizens in gaining more consciousness of the rights guaranteed by this instrument and in enforcing them before relevant authorities.
It is also for National Parliaments to assist citizens in gaining more consciousness of the rights guaranteed by this instrument and in enforcing them before relevant authorities.
The cooperation and commitment by National Parliaments in assessment exercises such as the one launched by the LIBE Committee regarding Directive 2004/38 is indeed central for this goal to succeed in the future and for the EU to be able to deliver citizens’ expectations.
The cooperation and commitment by National Parliaments in assessment exercises such as the one launched by the LIBE Committee regarding Directive 2004/38 is indeed central for this goal to succeed in the future and for the EU to be able to deliver citizens’ expectations.
EU Immigration and Asylum Law and Policy, Oxford: Hart Publishing, pp 25-55.
EU Immigration and Asylum Law and Policy, Oxford: Hart Publishing, pp 25-55.
Jacobs, F.G. (2007), “Citizenship of the European Union – A Legal Analysis”, European Law Journal , Special Issue on EU Citizenship, Vol.
Jacobs, F.G. (2007), “Citizenship of the European Union – A Legal Analysis”, European Law Journal , Special Issue on EU Citizenship, Vol.
Questionnaire on the transposition of Directive 2004/38/EC of the European Parliament and of the Council
Questionnaire on the transposition of Directive 2004/38/EC of the European Parliament and of the Council
Has Directive 38/2004 been implemented in your Member State?
Has Directive 38/2004 been implemented in your Member State?
Could you provide the LIBE Committee with the transposition measures?
Could you provide the LIBE Committee with the transposition measures?
Do you keep qualitative, quantitative and statistical data on the application of Directive 38/2004?
Do you keep qualitative, quantitative and statistical data on the application of Directive 38/2004?
Could you provide the LIBE Committee with such information?
Could you provide the LIBE Committee with such information?
Specific questions:
Specific questions:
Definitions of spouse and registered partnership in relation to free movement
Definitions of spouse and registered partnership in relation to free movement
(Articles 2,3,7,8,10,12,13,17)
(Articles 2,3,7,8,10,12,13,17)
Does your Member State (MS), in its national law or in reference to the application of the Directive:
Does your Member State (MS), in its national law or in reference to the application of the Directive:
- recognize as “spouse” EU and third country same-sex partners of Union citizens?
- recognize as “spouse” EU and third country same-sex partners of Union citizens?
- recognize as “partner” EU and third country different-sex registered partners or also same-sex partners?
- recognize as “partner” EU and third country different-sex registered partners or also same-sex partners?
- recognize as family member second/third/fourth spouses of EU citizens?
- recognize as family member second/third/fourth spouses of EU citizens?
- facilitate entry and residence for “other” family members and partners , including of same sex and how?
- facilitate entry and residence for “other” family members and partners , including of same sex and how?
Does the term “partners” include cohabitants, also of same-sex?
Does the term “partners” include cohabitants, also of same-sex?
- What about children of same-sex couples?
- What about children of same-sex couples?
Right of Exit and Right of Entry
Right of Exit and Right of Entry
(Articles 4 and 5)
(Articles 4 and 5)
- Does your MS impose any restriction to the right of exit and in what cases?
- Does your MS impose any restriction to the right of exit and in what cases?
- Are other documents recognized as equivalent to ID or passport or entry visa to enjoy free movement?
- Are other documents recognized as equivalent to ID or passport or entry visa to enjoy free movement?
- According to your national law, are EU citizens and/or his/her family members, obliged to hold an ID/passport and is the same obligation imposed to nationals?
- According to your national law, are EU citizens and/or his/her family members, obliged to hold an ID/passport and is the same obligation imposed to nationals?
- Does your national legislation impose to airlines or other travel companies (Eurostar, Thalys or others) to check identity of passengers at borders and on what ground?
- Does your national legislation impose to airlines or other travel companies (Eurostar, Thalys or others) to check identity of passengers at borders and on what ground?
- Shall an EU citizen and/or his/her family members not satisfy the requirements for entry in your MS, what measures would be taken ?
- Shall an EU citizen and/or his/her family members not satisfy the requirements for entry in your MS, what measures would be taken ?
How do you apply the obligation “to give such persons every reasonable opportunity to demonstrate that they are covered by the right of free movement and residence”?
How do you apply the obligation “to give such persons every reasonable opportunity to demonstrate that they are covered by the right of free movement and residence”?
Reporting presence
Reporting presence
(Article 5.5 )
(Article 5.5 )
- Does your national legislation require EU citizens and/or their family members to report their presence in their territory ?
- Does your national legislation require EU citizens and/or their family members to report their presence in their territory ?
Please provide details (to whom, how, when, where...)
Please provide details (to whom, how, when, where...)
If so, does your MS provide for sanctions in the case EU citizen do not comply?
If so, does your MS provide for sanctions in the case EU citizen do not comply?
If so, what kind of sanction?
If so, what kind of sanction?
Right of residence and conditions
Right of residence and conditions
(Article 6, 7 and 14)
(Article 6, 7 and 14)
- How does your MS count the 3 months period from the date of arrival ?
- How does your MS count the 3 months period from the date of arrival ?
If a person leaves the host MS before the end of 3 months period and comes back immediately after does the 3 months period start again?
If a person leaves the host MS before the end of 3 months period and comes back immediately after does the 3 months period start again?
- How does your MS apply the condition of „sufficient resources“ ?
- How does your MS apply the condition of „sufficient resources“ ?
Does national legislation take into account the personal situation of the person concerned such as, for instance, having a free accommodation?
Does national legislation take into account the personal situation of the person concerned such as, for instance, having a free accommodation?
Does national legislation take into account the resources of a family member or a partner ?
Does national legislation take into account the resources of a family member or a partner ?
Does your MS assess the condition of sufficient resources systematically?
Does your MS assess the condition of sufficient resources systematically?
Or does it apply a random control system ?
Or does it apply a random control system ?
If so, on what basis ?
If so, on what basis ?
What authority is competent for the assessment of the condition of sufficient resources ?
What authority is competent for the assessment of the condition of sufficient resources ?
In case local authorities are involved in or are in charge of this assessment, are they allowed to issue additional requirements at local level ?
In case local authorities are involved in or are in charge of this assessment, are they allowed to issue additional requirements at local level ?
What kind of requirements ?
What kind of requirements ?
- How does your MS apply the condition for persons not to be an „(unreasonable) burden on the social assistance system of the host MS“ ?
- How does your MS apply the condition for persons not to be an „(unreasonable) burden on the social assistance system of the host MS“ ?
Please illustrate in detail: basis for the assessment, competent authority and procedure, outcomes / consequences / sanctions, verifications, application of the prohibition of systematic verifications and of automatic expulsion, related data available etc.
Please illustrate in detail: basis for the assessment, competent authority and procedure, outcomes / consequences / sanctions, verifications, application of the prohibition of systematic verifications and of automatic expulsion, related data available etc.
- How does your MS apply the condition for persons to have a „comprehensive sickness insurance“ ?
- How does your MS apply the condition for persons to have a „comprehensive sickness insurance“ ?
Please illustrate in detail.
Please illustrate in detail.
Registration of Union citizens and their family members, Residence card
Registration of Union citizens and their family members, Residence card
(Articles 8,9,10 and 11)
(Articles 8,9,10 and 11)
- Does your MS require EU citizens and/or their family members to register after 3 months ?
- Does your MS require EU citizens and/or their family members to register after 3 months ?
Please provide exact details: to what authority, documents and „proofs“ required for each category of persons, reasons for refusal, deadline for registering after arrival, what „proportionate and non-discriminatory“ sanctions are imposed in case of non compliance, any statistical or detailed data or information available in relation to registrations, any other document requested that is not listed in the directive (such as medical declarations, for instance on HIV), etc.
Please provide exact details: to what authority, documents and „proofs“ required for each category of persons, reasons for refusal, deadline for registering after arrival, what „proportionate and non-discriminatory“ sanctions are imposed in case of non compliance, any statistical or detailed data or information available in relation to registrations, any other document requested that is not listed in the directive (such as medical declarations, for instance on HIV), etc.
Restrictions to free movement and expulsions an grounds of public policy, public security and public health
Restrictions to free movement and expulsions an grounds of public policy, public security and public health
(Articles 27 to 29, 31)
(Articles 27 to 29, 31)
- Does your MS restrict free movement on grounds of „public policy“, „public security“ or „public health“ ?
- Does your MS restrict free movement on grounds of „public policy“, „public security“ or „public health“ ?