Free movement - EU nationals Free movement of workers is a fundamental principle of the Treaty enshrined in Article 45 of the Treaty on the Functioning of the European Union and developed by EU secondary legislation and the Case law of the Court of Justice.
Subject This Directive lays down: Article 2 For the purposes of this Directive: Article 3 Beneficiaries 1. This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.
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 host Member State shall undertake an extensive examination of the personal circumstances and shall justify any denial of entry or residence to these people.
Without prejudice to the provisions on travel documents applicable to national border controls, all Union citizens with a valid identity card or passport and their family members who are not nationals of a Member State and who hold a valid passport shall have the right to leave the territory of a Member State to travel to another Member State.
No exit visa or equivalent formality may be imposed on the persons to whom paragraph 1 applies. Member States shall, acting in accordance with their laws, issue to their own nationals, and renew, an identity card or passport stating their nationality.
The passport shall be valid at least for all Member States and for countries through which the holder must pass when travelling between Member States.
Where the law of a Member State does not provide for identity cards to be issued, the period of validity of any passport on being issued or renewed shall be not less than five years.
Article 5 Right of entry 1. Without prejudice to the provisions on travel documents applicable to national border controls, Member States shall grant Union citizens leave to enter their territory with a valid identity card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport.
No entry visa or equivalent formality may be imposed on Union citizens.
For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.
Member States shall grant such persons every facility to obtain the necessary visas.
Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure. The host Member State shall not place an entry or exit stamp in the passport of family members who are not nationals of a Member State provided that they present the residence card provided for in Article Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.
Failure to comply with this requirement may make the person concerned liable to proportionate and non-discriminatory sanctions. Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.
The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen. Article 7 Right of residence for more than three months 1. All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they: The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State, accompanying or joining the Union citizen in the host Member State, provided that such Union citizen satisfies the conditions referred to in paragraph 1 ab or c.
For the purposes of paragraph 1 aa Union citizen who is no longer a worker or self-employed person shall retain the status of worker or self-employed person in the following circumstances: In this case, the status of worker shall be retained for no less than six months.EU laws in areas for which the EU is responsible override any conflicting laws of member countries.
Two important ideas make this system work. These are ‘supremacy’, meaning the higher status of EU laws compared to national laws, and ‘direct effect’, meaning that EU laws can be relied on in court.
The European Single Market, Internal Market or Common Market is a single market which seeks to guarantee the free movement of goods, capital, services, and labour – the "four freedoms" – within the European Union (EU).
The market encompasses the EU's 28 member states, and has been extended, with exceptions, to Iceland, Liechtenstein and Norway through the Agreement on the European . European Comission guide to free movement Freedom to move and live in Europe - A Guide to your rights as an EU citizen (in Spanish) (and in other languages) Laws Real Decreto /, de 16 de febrero (Royal Decree /, of 16 February as updated in ), is the Spanish transposition of Directive /38/EC.
Direct. Free Movement, created by Colin Yeo, provides updates and advice on immigration, EU, nationality and refugee law. Staffed by immigration lawyers & experts. Freedom of movement allows citizens of the European Union (EU) to move to, live in, and in certain circumstances access the welfare system of the EU country to which they have moved.
Freedom of movement is one of the founding principles of the EU. Dear Sir/Madam. Directive /38/EC, article 3(2)a from the directive is implemented incorrectly in UK legislation.
Normally in order to benefit from this directive /38/EC, EU national person must exercise treaty rights and the family member must be dependant on EU national.