Contents
The Directive contains the following chapters: * Chapter I (articles 1–3): General provisions (subject, definitions and beneficiaries) * Chapter II (articles 4–5): Right of exit and entry * Chapter III (articles 6–15): Right of residence * Chapter IV: Right of permanent residence ** Section I (articles 16–18): Eligibility ** Section II (articles 19–21): Administrative formalities * Chapter V (articles 22–26): Provisions common to the right of residence and the right of permanent residence * Chapter VI (articles 27–33): Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health * Chapter VII (articles 34–42): Final provisionsScope
Pursuant to articles 4 and 5 of the directive, any EEA citizen can leave their own country and enter another EEA state without a visa by presenting a validStatus
The right of free movement is granted automatically when the requirements are fulfilled, and it is not subject to an administrative act. However, member states may require the EEA citizen and family members to register with the relevant authorities. The relevant documentations are: * an entry visa for non-EEA family members if they are Annex I nationals and do not hold a residence card of a family member of a Union citizen issued by another member state, * a residence certificate (for EEA citizens) or a residence card (for non-EEA family members), which may be valid for up to 5 years and confirms the right of residence, * a permanent residence certificate or a permanent residence card, which certifies the right of permanent residence. Permanent residence is acquired automatically after exercising treaty rights for 5 years, with absences of normally less than 6 months a year, a single absence less than 12 months in certain circumstances (birth, severe sickness, etc.), or longer for military services. Permanent residence removes any restrictions that are in place concerning access to public funds (such as unemployment benefits, a state pension etc.), although some of these restrictions are already lifted after a period of 3 months. Permanent residence is only lost after an absence of 2 years. All applications covered by the directive are free, or require at most a moderate fee similar to comparable national documents.Implementation
Austria
In Austria, the directive is transposed into national law mainly via the ''Niederlassungs- und Aufenthaltsgesetz'' (regarding residence) and the ''Fremdenpolizeigesetz'' (regarding entrance). The applications are handled locally at the ''Magistrat'' or ''Bezirkshauptmannschaft'' (except in Styria where the ''Germany
In Germany, the directive is transposed into national law via the , which could be translated as "Freedom of Movement Law/EU". Not all mandatory sections of the Directive are included in the Freizügigkeitsgesetz/EU. The applications are handled locally, together with the mandatory registration of residence.Iceland, Liechtenstein and Norway
The EEA countries have had to implement this directive in full. In Norway this was implemented by changing the Alien Law (Norwegian: ), which entered into force on 1. Jan 2010.Italy
In Italy the directive has been implemented into Italian legislation with Legislative Decree n. 30 February 6, 2007 The applications are handled by the ''" Comune"'' of the city where the applicant takes his or her residence.Ireland
In Ireland, the Directive is transposed into the ''European Communities (Free Movement of Persons) (No. 2) Regulations 2006'' amended by SI 310 of 2008 in reaction to the ''Metock'' caseCase C‑127/081 and amended by SI 146 of 2011 allowing visa free entrance with a residence card issued by another EEA member state. The non-EEA family members of Irish citizens resident in Ireland are not normally issued EU Family Residency Cards (called Stamp 4 EU FAM) unless the Irish citizen and family members previously lived together in another EU state.The Netherlands
Applications are submitted locally at the municipality ( in Dutch) together with the mandatory registration of residence, but they are processed centrally at the Immigration and Naturalisation Service (, IND). There is a charge (€53 in 2015) associated with the application. 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.Sweden
In Sweden the directive has been implemented through changes in several laws, like the Alien Act (SFS 2005:716), and the Aliens Decree (SFS 2006:97). Until 2015 Sweden did not follow the directive fully, as the national identity card was not accepted when a Swedish citizen left Sweden for a non-Schengen EU member state, like the UK. The passport act (SFS 1978:302) required a passport.Switzerland
Switzerland is not part of the EU or EEA, but has bilateral agreements with the EU in several fields, including free movement of people. There is an agreement, which contains the same principles as the directive. This includes: *the right to personal and geographical mobility; *the right of residence for members of the family and their right to pursue an economic activity, irrespective of their nationality; *the right to acquire immovable property, specifically in order to establish a main or secondary residence in the host State; and *the right to return to the host State after the end of an economic activity or period of residence there for citizens of EU and Switzerland in all these countries. The freedom of movement between Switzerland and the EFTA countries is afforded by the EFTA convention. Switzerland has had to adopt amendments when the directive was updated or new member countries were added.See also
* Free Movement of Workers Regulation 2011 * Freedom of movement for workers * Internal market * Ireland's Stamp 4 * UK's European Economic Area Family Permit * Visa policy in the European Union *'' Saenz v. Roe'', *'' Shapiro v. Thompson'', 394 U.S. 618 (1969), the Court struck down a durational residency requirement for eligibility for welfare benefitsNotes
References
*P Craig and G de Burca, ''European Union Law'' (4th edn OUP 2008)External links