FREE MOVEMENT AND RESIDENCE RIGHTS : COMMISSION TO PUT OUT GUIDELINES ON PROBLEM POINTS.

• Position: European Commission

In spite of requests by Denmark and Ireland, the European Commission does not intend to modify the 2004 directive guaranteeing EU citizens and their families the right to move and reside freely in another member state, at least not at this stage. According to a report it adopted, on 10 December, the transposition of the EU directive into national laws is disappointing. Member states had until 30 April 2006 to transpose the text, but Austria, Slovakia, Denmark, Slovenia and Estonia have transposed correctly less than 60% of the text. Only Cyprus, Greece, Finland, Portugal, Malta, Luxembourg and Spain have transposed more than 85% of its provisions.

To help address the problem, the Commission will publish guidelines, in spring 2009, on application of the directive and its problematic points. As for Denmark and Ireland, which have called for a modification of the directive to deal with marriages of convenience, "we will say no' to any change," declared Jacques Barrot, the commissioner for justice, freedom and security, at a press conference.

The 2004 directive enables EU citizens and their families to reside freely for three months in another member state and to reside for longer periods with "simple administrative formalities," noted the commissioner. Newcomers enjoy "equal treatment" with nationals and are considered permanent residents after five years of legal residence in the host member state.

"This is a tremendous freedom for European citizens," continued Barrot. It would be "pointless and dangerous to re-open the debate on the content of this directive," which could result in "backtracking". The Commission might consider infringement proceedings against the states with the most serious failings. The most frequent problems concern: the right of entry and residence of third-country family members (only seven member states have adopted provisions facilitating the grant of an entry visa); the obligation for EU citizens to present documents not required by the directive or to have a minimum level of income without their personal situation being taken into account.

MARRIAGES OF CONVENIENCE

Mentioning abuse of EU law, such as marriages of convenience, the commissioner noted that existing legislation has "lawful and suitable means" to prevent such practices. "We are going to make them clearer," he added. According to the Commission's report, requests for clarification have mainly concerned the expulsion of EU nationals and members of their...