natgillin/translations-raw huggingface dataset:
Order of the Ministers of interior and external affairs No 1V-280/V-109, 2.09.2004 “On the Rules of providing documents for visa, issuing visa, also issuing visa in the border control posts, extending the time of stay in the Republic of Lithuania, withdrawing visa, accrediting travel agencies” (Zin., 2004, Nr 136-4961).
Order of the Ministers of interior and external affairs No 1V-280/V-109, 2.09.2004 “On the Rules of providing documents for visa, issuing visa, also issuing visa in the border control posts, extending the time of stay in the Republic of Lithuania, withdrawing visa, accrediting travel agencies” (Zin., 2004, Nr 136-4961).
The actual application of this requirement is thus entrusted to the complete discretion of the border guard.
The actual application of this requirement is thus entrusted to the complete discretion of the border guard.
In Slovenia , in such situations, an exceptional authorization to stay six hours in the border crossing area is granted!
In Slovenia , in such situations, an exceptional authorization to stay six hours in the border crossing area is granted!
Slovenian Parliament’s answer: this however “is an exception to the general provisions, contained in the National Border Control Act”.
Slovenian Parliament’s answer: this however “is an exception to the general provisions, contained in the National Border Control Act”.
In Italy a Union citizen or a family member who do not hold travel documents (or for TCNs family members an entry visa) will be refused entry unless they can provide the necessary documents (or provide proof of entitlement to freedom to move by means of ‘other appropriate documents’) within 24 hours.
In Italy a Union citizen or a family member who do not hold travel documents (or for TCNs family members an entry visa) will be refused entry unless they can provide the necessary documents (or provide proof of entitlement to freedom to move by means of ‘other appropriate documents’) within 24 hours.
Not only Italy, but also other MS like Poland
Not only Italy, but also other MS like Poland
Polish Parliament answer: for a period no longer than 72 hours, the commandant of the Border Guards post gives “an opportunity to take steps to obtain a valid travel document or another valid document stating his/her identuity znd citizenship, or to prove in another unquestionable way that these persons have the right of free movement.” and the Czech Republic
Polish Parliament answer: for a period no longer than 72 hours, the commandant of the Border Guards post gives “an opportunity to take steps to obtain a valid travel document or another valid document stating his/her identuity znd citizenship, or to prove in another unquestionable way that these persons have the right of free movement.” and the Czech Republic
In the questionnaire filled in by the Senate of the Czech Republic it is stated that “according to Article 6 paragraph 10 of the Residence of Aliens Act, if, at the time of border control, a European Union citizen does not have a travel document or cannot obtain one, the Police will allow him/her to prove his/her identity and the fact that s/he is a citizen of a EU Member State by means of another type of document (e.g. driving licence).
In the questionnaire filled in by the Senate of the Czech Republic it is stated that “according to Article 6 paragraph 10 of the Residence of Aliens Act, if, at the time of border control, a European Union citizen does not have a travel document or cannot obtain one, the Police will allow him/her to prove his/her identity and the fact that s/he is a citizen of a EU Member State by means of another type of document (e.g. driving licence).
If, at the time of border control, the family member of a EU citizen does not have a travel document or cannot obtain one, the Police will allow him/her to prove his/her identity and the fact that s/he is a family member of a EU citizen by means of another type of document”. seem to accept other types of documents; however it is not clear which other documents this refers to and whether this is applicable to Union citizens and/or TCN family members.
If, at the time of border control, the family member of a EU citizen does not have a travel document or cannot obtain one, the Police will allow him/her to prove his/her identity and the fact that s/he is a family member of a EU citizen by means of another type of document”. seem to accept other types of documents; however it is not clear which other documents this refers to and whether this is applicable to Union citizens and/or TCN family members.
The Obligation to Report or Register
The Obligation to Report or Register
Directive 2004/38 provides for administrative formalities for citizens of the Union who move from one MS to another to be very light and to only apply after the first three months of residence.
Directive 2004/38 provides for administrative formalities for citizens of the Union who move from one MS to another to be very light and to only apply after the first three months of residence.
Articles 5 (5), 6 (1) and 8 of Directive 2004/38.
Articles 5 (5), 6 (1) and 8 of Directive 2004/38.
In the Slovak Republic
In the Slovak Republic
Section 49 §2 of the Act no.
Section 49 §2 of the Act no.
48/2002 Coll.
48/2002 Coll.
On the residence of foreigners. and the Czech Republic there is no registration system,
On the residence of foreigners. and the Czech Republic there is no registration system,
Czech Parliament’s answer: “Under certain preconditions, all foreigners, i.e. also EU citizens and their family members, and also persons with permanent residence must report their presence in the territory of the country”.
Czech Parliament’s answer: “Under certain preconditions, all foreigners, i.e. also EU citizens and their family members, and also persons with permanent residence must report their presence in the territory of the country”.
Refer to Article 93 (2) of the Residence Aliens Act which states that EU citizens and family members are under the obligation to report the place of their residence in the territory to the police within 30 days of the date of entry. but EU citizens are still under an obligation to report their presence to police authorities.
Refer to Article 93 (2) of the Residence Aliens Act which states that EU citizens and family members are under the obligation to report the place of their residence in the territory to the police within 30 days of the date of entry. but EU citizens are still under an obligation to report their presence to police authorities.
According to the Czech legislation, failure to comply with this requirement results in an administrative offence and a fine.
According to the Czech legislation, failure to comply with this requirement results in an administrative offence and a fine.
Article 157 (1) (r) of the Residence of Aliens Act.
Article 157 (1) (r) of the Residence of Aliens Act.
The fine will be of 3,000 Czech crowns.
The fine will be of 3,000 Czech crowns.
Similarly, in the Slovak Republic, if reporting is not done within 10 days, a fine of up to 1,659 Euros may be applied.
Similarly, in the Slovak Republic, if reporting is not done within 10 days, a fine of up to 1,659 Euros may be applied.
Section 46 §1 (e) of the Act no.
Section 46 §1 (e) of the Act no.
On the residence of foreigners.
On the residence of foreigners.
These types of financial sanctions need to be tested against the principle of proportionality and that of non-discrimination as required by Article 5 (5) of Directive 2004/38, since it may be rather difficult for anybody to be aware of such administrative procedures upon arrival in a foreign country.
These types of financial sanctions need to be tested against the principle of proportionality and that of non-discrimination as required by Article 5 (5) of Directive 2004/38, since it may be rather difficult for anybody to be aware of such administrative procedures upon arrival in a foreign country.
Under Article 8 (3) of the Directive, MS can require citizens to obtain a registration certificate after three months, in the event this is not done, they can even impose proportionate and non-discriminatory sanctions.
Under Article 8 (3) of the Directive, MS can require citizens to obtain a registration certificate after three months, in the event this is not done, they can even impose proportionate and non-discriminatory sanctions.
In Italy , although there is no obligation for Union citizens to register in the three first months, in the absence of evidence of the duration of the stay, an EU citizen without statement of presence will be considered to have been in the country for longer and will therefore be subject to a fine.
In Italy , although there is no obligation for Union citizens to register in the three first months, in the absence of evidence of the duration of the stay, an EU citizen without statement of presence will be considered to have been in the country for longer and will therefore be subject to a fine.
According to article 5(5)(a) of Legislative Decree 30/2007 and the answer given by the Italian Parliament: “Although this is an optional procedure, failure by a Community citizen to report presence may be to his or her disadvantage: a Community citizen who does not hold a statement of presence is regarded, in the absence of evidence to the contrary, as having been resident in Italy for over three months.”
According to article 5(5)(a) of Legislative Decree 30/2007 and the answer given by the Italian Parliament: “Although this is an optional procedure, failure by a Community citizen to report presence may be to his or her disadvantage: a Community citizen who does not hold a statement of presence is regarded, in the absence of evidence to the contrary, as having been resident in Italy for over three months.”
In practice, this actually amounts to compulsory reporting within the first three months of stay.
In practice, this actually amounts to compulsory reporting within the first three months of stay.
Registration certificate should be also delivered ‘immediately’.
Registration certificate should be also delivered ‘immediately’.
However it appears that many MS have disregarded this aspect as well.
However it appears that many MS have disregarded this aspect as well.
Belgium has ignored this provision in its national implementing legislation and it has not included it as a positive obligation.
Belgium has ignored this provision in its national implementing legislation and it has not included it as a positive obligation.
This is even more worrying when one considers that in this country EU citizens may be detained in Belgium if they do not comply with administrative formalities.
This is even more worrying when one considers that in this country EU citizens may be detained in Belgium if they do not comply with administrative formalities.
See the Report on a visit to closed detention centres for asylum seekers and immigrants in Belgium by a delegation from the Committee on Civil Liberties, Justice and Home Affairs (LIBE), (PV723427, PE 404.465, 28.05.2008) However, in one of the answers provided in the Belgium questionnaire, it is assured that the certificate is delivered immediately “when little examination is required to investigate whether the conditions for a registration certificate are satisfied”,
See the Report on a visit to closed detention centres for asylum seekers and immigrants in Belgium by a delegation from the Committee on Civil Liberties, Justice and Home Affairs (LIBE), (PV723427, PE 404.465, 28.05.2008) However, in one of the answers provided in the Belgium questionnaire, it is assured that the certificate is delivered immediately “when little examination is required to investigate whether the conditions for a registration certificate are satisfied”,
Questionnaire BRI/108.2008, page 15. while according to the information provided in another of the questionnaires provided by the Belgium National Parliaments (a total of three different questionnaires were provided by Belgium), the procedure to complete the registration appears to be long and tedious in practice.
Questionnaire BRI/108.2008, page 15. while according to the information provided in another of the questionnaires provided by the Belgium National Parliaments (a total of three different questionnaires were provided by Belgium), the procedure to complete the registration appears to be long and tedious in practice.
LT\749082EN.doc “The aliens Office will take a decision within five months of the application.”
LT\749082EN.doc “The aliens Office will take a decision within five months of the application.”
Residence for more than Three Months
Residence for more than Three Months
One of the main issues giving rise to delay in the issue of certificates relates to evidence of ‘sufficient resources’ as included in article 7 (1) (b) of Directive 2004/38.
One of the main issues giving rise to delay in the issue of certificates relates to evidence of ‘sufficient resources’ as included in article 7 (1) (b) of Directive 2004/38.
MS are prevented from applying this requirement to workers or the self-employed but they can require other categories of citizens of the Union exercising their free movement rights to show that they have sufficient resources where they reside for longer than three months.
MS are prevented from applying this requirement to workers or the self-employed but they can require other categories of citizens of the Union exercising their free movement rights to show that they have sufficient resources where they reside for longer than three months.
In practice, it seems that the administrations in many MS make mistakes as regards each of these categories, and ask often workers (particularly those working part-time or carrying out casual jobs) to show evidence of sufficient resources.
In practice, it seems that the administrations in many MS make mistakes as regards each of these categories, and ask often workers (particularly those working part-time or carrying out casual jobs) to show evidence of sufficient resources.
Where citizens of the Union have TCN family members who must obtain residence cards, the delay in issuing them can be substantial.
Where citizens of the Union have TCN family members who must obtain residence cards, the delay in issuing them can be substantial.
This is notwithstanding a general requirement to issue documents as quickly as possible and in any event within six months of the application.
This is notwithstanding a general requirement to issue documents as quickly as possible and in any event within six months of the application.
Article 10 (1) of Directive 2004/38.
Article 10 (1) of Directive 2004/38.
While few MS refer in their transposing legislations to a maximum time limit for their issuing, it is difficult to assess whether this requirement is actually respected.
While few MS refer in their transposing legislations to a maximum time limit for their issuing, it is difficult to assess whether this requirement is actually respected.
In Cyprus for instance, although there is a legal obligation to respect this six months period, it has been reported that it in fact takes much longer.
In Cyprus for instance, although there is a legal obligation to respect this six months period, it has been reported that it in fact takes much longer.
In transposing Article 10 of Directive, MS have indeed largely reinterpreted the documents required, narrowing documentary evidence to the presentation of very specific documentation, such as an officially translated marriage certificate to prove family relationship, and adding new criteria like the possession of a health insurance or the proof of sufficient means.
In transposing Article 10 of Directive, MS have indeed largely reinterpreted the documents required, narrowing documentary evidence to the presentation of very specific documentation, such as an officially translated marriage certificate to prove family relationship, and adding new criteria like the possession of a health insurance or the proof of sufficient means.
In the Czech Republic , a residence permit is issued to TCNs upon showing the residence card of his/her EU family member.
In the Czech Republic , a residence permit is issued to TCNs upon showing the residence card of his/her EU family member.
Consequently, EU citizens with a TCN family member do need to register.
Consequently, EU citizens with a TCN family member do need to register.
These circumstances then fall under the category of the “certain preconditions” referred in footnote 43 above.
These circumstances then fall under the category of the “certain preconditions” referred in footnote 43 above.
In Lithuania , the registration procedure takes place in two steps (first the obtaining of the residence permit from the local migration unit and then its ‘personalization’), and although this should according to the law be dealt with within two months, the administrative burden appears to be far heavier for this category of persons.
In Lithuania , the registration procedure takes place in two steps (first the obtaining of the residence permit from the local migration unit and then its ‘personalization’), and although this should according to the law be dealt with within two months, the administrative burden appears to be far heavier for this category of persons.
In application of Article 99 of the Law on the legal status of aliens as reported in the Lithuanian’s Parliament questionnaire.
In application of Article 99 of the Law on the legal status of aliens as reported in the Lithuanian’s Parliament questionnaire.
It also appears that some MS have not at all transposed the Article on the conditions for residence of TCN family members of EU citizens as some have not referred to a specific implementing legislation.
It also appears that some MS have not at all transposed the Article on the conditions for residence of TCN family members of EU citizens as some have not referred to a specific implementing legislation.
On the basis of the information provided in the questionnaires this appears to be the case in Slovenia and Romania.
On the basis of the information provided in the questionnaires this appears to be the case in Slovenia and Romania.
This further substantiates an additional concern expressed in the European Commission’s Report 2008 (840) whereby most MS do not comply with the obligation to issue specific residence cards for family members of Union citizens that would more favourably categorized them as such.
This further substantiates an additional concern expressed in the European Commission’s Report 2008 (840) whereby most MS do not comply with the obligation to issue specific residence cards for family members of Union citizens that would more favourably categorized them as such.
Page 6 of the Report which expressly states that “A serious problem is that in a number of Member States the residence card is not called “Residence card of a family member of a Union citizen”, as required by Article 10.
Page 6 of the Report which expressly states that “A serious problem is that in a number of Member States the residence card is not called “Residence card of a family member of a Union citizen”, as required by Article 10.
Family members concerned may find it difficult to prove that their situation falls under the Directive, and not under the more restrictive national rules on aliens”.
Family members concerned may find it difficult to prove that their situation falls under the Directive, and not under the more restrictive national rules on aliens”.
At times of receiving the treatment they deserve in their capacity of family members of a Union citizen, such an omission will most probably prove to be a handicap.
At times of receiving the treatment they deserve in their capacity of family members of a Union citizen, such an omission will most probably prove to be a handicap.
Restrictions to the Access to Social Benefits
Restrictions to the Access to Social Benefits
One of the most common sources of friction between citizens of the Union and host MS is around access to social benefits.
One of the most common sources of friction between citizens of the Union and host MS is around access to social benefits.
Not only do MS tend to apply a sufficient resources test to all citizens of the Union whether or not they are workers or self-employed, but they also tend to refuse registration certificates or family reunification on the basis of ‘insufficient resources’.
Not only do MS tend to apply a sufficient resources test to all citizens of the Union whether or not they are workers or self-employed, but they also tend to refuse registration certificates or family reunification on the basis of ‘insufficient resources’.
Workers are entitled to all social benefits on the basis of equal treatment with own nationals.
Workers are entitled to all social benefits on the basis of equal treatment with own nationals.
The Directive 2004/38 does however provide for different treatment whether the free mover is economically active or not.
The Directive 2004/38 does however provide for different treatment whether the free mover is economically active or not.
Article 7 and 8 of Directive 2004/38.
Article 7 and 8 of Directive 2004/38.
Taking into account the answers provided in the questionnaire, the practice for applying the sufficient resources test seems to be highly inconsistent.
Taking into account the answers provided in the questionnaire, the practice for applying the sufficient resources test seems to be highly inconsistent.
An example of this is Belgium , where although the test is not systematically applied, it includes many different variables and the distinction between economically and non-economically active is not made.
An example of this is Belgium , where although the test is not systematically applied, it includes many different variables and the distinction between economically and non-economically active is not made.
Article 40 (4) of the Law of 15 December 1980.
Article 40 (4) of the Law of 15 December 1980.
The questionnaire states that “Only persons likely to be in a precarious situation are assessed (doubtful case, application to the C.P.A.S. – public social assistance centre)”.
The questionnaire states that “Only persons likely to be in a precarious situation are assessed (doubtful case, application to the C.P.A.S. – public social assistance centre)”.
The competent authority is either the Commune or the Aliens Office.
The competent authority is either the Commune or the Aliens Office.
Poland applies similar rules.
Poland applies similar rules.
The border guards are responsible for enforcing these provisions, and their decisions apply immediately.
The border guards are responsible for enforcing these provisions, and their decisions apply immediately.
Other MS, such as Lithuania , have not transposed this obligation and check on a case-by-case basis whether EU citizens and their family members possess at least the minimum level of national income supported by the state; however it is not clear whether this is assessed in the light of the expected length of stay and whether the presence of dependants is taken into account.
Other MS, such as Lithuania , have not transposed this obligation and check on a case-by-case basis whether EU citizens and their family members possess at least the minimum level of national income supported by the state; however it is not clear whether this is assessed in the light of the expected length of stay and whether the presence of dependants is taken into account.
According to the questionnaire “There is no definition of ‘sufficient resources’ in the laws.
According to the questionnaire “There is no definition of ‘sufficient resources’ in the laws.
The situation of every particular is assessed individually...In case of the family member, both the resouces of the family member and the partner may be taken into account.
The situation of every particular is assessed individually...In case of the family member, both the resouces of the family member and the partner may be taken into account.
In order to prove the sources of their income, applicants must provide respectice documents.
In order to prove the sources of their income, applicants must provide respectice documents.
No other measures of control are applied”.
No other measures of control are applied”.