Direktyva 2004 38 ecial

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If an expulsion order, as provided for in paragraph 1, is enforced more than two years after it was issued, the Member State shall check that the individual concerned is currently and genuinely a threat to public policy or public security and shall assess whether there has been any material change in the circumstances since the expulsion order was issued. The Member States shall provide the Commission with the information needed to produce the report. Retention of the right of residence by family members in the event of divorce, annulment of marriage or termination of registered partnership. The personal conduct of the individual concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. Member States shall issue a residence card to family members of a Union citizen who are not nationals of a Member State, where the planned period of residence is for more than three months. For the registration certificate to be issued, Member States may only require that — Union citizens to whom point a of Article 7 1 applies present a valid identity card or passport, a confirmation of engagement from the employer or a certificate of employment, or proof that they are self-employed persons; — Union citizens to whom point b of Article 7 1 applies present a valid identity card or passport and provide proof that they satisfy the conditions laid down therein; — Union citizens to whom point c of Article 7 1 applies present a valid identity card or passport, provide proof of enrolment at an accredited establishment and of comprehensive sickness insurance cover and the declaration or equivalent means referred to in point c of Article 7 1. Retrieved 15 April Would you like to keep them? Such family members shall retain their right of residence exclusively on personal basis. Article 36 Sanctions Member States shall lay down provisions on the sanctions applicable to breaches of national rules adopted for the implementation of this Directive and shall take the measures required for their application.

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  • Directive /38/EC of the European Parliament and of the Council of 29 April on the right Special edition in Czech: Chapter 05 Volume P. 46 - Directive /38/EC of the European Parliament and of the Council of 29 April on the right of citizens of the Union and their family members to move and.

    Article 7(1)(b) of Directive /38 which requires that EU citizens must have laying down conditions for granting of special non-contributory cash benefits.
    For the residence card to be issued, Member States shall require presentation of the following documents:.

    Accordingly, the greater the degree of integration of Union citizens and their family members in the host Member State, the greater the degree of protection against expulsion should be. The family members of Dutch citizens who are and have always been resident in the Netherlands are not permitted to hold EU Family Residency Cards, because EU nationals who have always lived in the country of their nationality are not exercising EU treaty rights and are therefore not considered EU citizens under Dutch law for the purposes of the Directive.

    images direktyva 2004 38 ecial

    Exemptions for persons no longer working in the host Member State and their family members. This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

    images direktyva 2004 38 ecial
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    The provisions of this Directive shall not affect any laws, regulations or administrative provisions laid down by a Member State which would be more favourable to the persons covered by this Directive. Article 7 Right of residence for more than three months 1.

    images direktyva 2004 38 ecial

    Languages and formats available. The redress procedures shall allow for an examination of the legality of the decision, as well as of the facts and circumstances on which the proposed measure is based. The Member State which issued the passport or identity card shall allow the holder of the document who has been expelled on grounds of public policy, public security, or public health from another Member State to re-enter its territory without any formality even if the document is no longer valid or the nationality of the holder is in dispute.

    The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

    Would you like to keep them?

    The remaining question is instead about the position of the EU regulations vis-à-​vis each other: can Directive /38 be applied on special non-contributory.

    [T]he principle of non-discrimination, laid down generally in Article 18 TFEU, is given more specific expression in Article 24 of Directive /38 in relation to.

    13–52 comprehensive statements, 13–49 Directive /38, 13–49 national 13–09 special measures arbitrariness, 13–12 equivalent national measures.
    In this case, the Union citizens and their family members may not be expelled for as long as the Union citizens can provide evidence that they are continuing to seek employment and that they have a genuine chance of being engaged.

    The persons concerned shall be informed, precisely and in full, of the public policy, public security or public health grounds on which the decision taken in their case is based, unless this is contrary to the interests of State security. The deadline for registration may not be less than three months from the date of arrival. Member States shall issue family members who are not nationals of a Member State entitled to permanent residence with a permanent residence card within six months of the submission of the application.

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    In Norway this was implemented by changing the Alien Law Norwegian: utlendingslovenwhich entered into force on 1. Member States may not require this declaration to refer to any specific amount of resources.

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    For the purposes of this Directive, continuity of residence may be attested by any means of proof in use in the host Member State.

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    The host Member State may not take an expulsion decision against Union citizens or their family members, irrespective of nationality, who have the right of permanent residence on its territory, except on serious grounds of public policy or public security.

    Procedural safeguards should also be specified in detail in order to ensure a high level of protection of the rights of Union citizens and their family members in the event of their being denied leave to enter or reside in another Member State, as well as to uphold the principle that any action taken by the authorities must be properly justified.

    Article 36 Sanctions Member States shall lay down provisions on the sanctions applicable to breaches of national rules adopted for the implementation of this Directive and shall take the measures required for their application. The host Member State may not impose a ban on entry in the context of an expulsion decision to which paragraph 1 applies.

    The Citizens' Rights Directive /38/EC defines the right of free movement for citizens of the .

    Geographic centre · Largest municipalities · Urban areas · Larger urban zones · Member states · Regions (first-level NUTS) · Special territories.

    Directive 64/ allowed for 'special measures concerning the movement and residence of This general principle has been restated in Directive /38/EC. Under Article 7(1)(a) of Directive /38, the first group of Union citizens in the for themselves would have them automatically, through the grant of a special.
    Subject to the provisions of this Chapter, Member States may restrict the freedom of movement and residence of Union citizens and their family members, irrespective of nationality, on grounds of public policy, public security or public health.

    Help Print this page. Interruption in residence not exceeding two consecutive years shall not affect the validity of the permanent residence card. This verification shall not be carried out systematically. Retention of the right of residence by family members in the event of divorce, annulment of marriage or termination of registered partnership.

    Article 7 Right of residence for more than three months 1.

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    All documents mentioned in paragraph 1 shall be issued free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents.

    Member States shall issue a residence card to family members of a Union citizen who are not nationals of a Member State, where the planned period of residence is for more than three months.

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    Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:.

    The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country. If, however, the worker or self-employed person dies while still working but before acquiring permanent residence status in the host Member State on the basis of paragraph 1, his family members who are residing with him in the host Member State shall acquire the right of permanent residence there, on condition that: a the worker or self-employed person had, at the time of death, resided continuously on the territory of that Member State for two years; or b the death resulted from an accident at work or an occupational disease; or c the surviving spouse lost the nationality of that Member State following marriage to the worker or self-employed person.

    In all cases this amount shall not be higher than the threshold below which nationals of the host Member State become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the host Member State.

    Before acquiring the right of permanent residence, the persons concerned must meet the conditions laid down in points abc or d of Article 7 1.

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    1. For the registration certificate to be issued, Member States may only require that. Retrieved 15 April