FREE MOVEMENT OF PEOPLE: EU CITIZENS' RIGHT OF RESIDENCE STILL WIDELY FLOUTED, SAYS COMMISSION.

• Position: A ruling of the European Commission

The report, adopted on March 5, assesses how three EU Directives (90/364, 90/365 and 93/96) intended to copper-fasten the right of residence have been implemented. These Directives concern EU citizens and their family members who "are not economically active" e.g. students and pensioners. While all Member States have officially transposed the Directive into national law, misapplication of the rules by national officials is an all-too-frequent occurrence, it finds. The right to live in any Member State is enshrined in both the EC Treaty (Article 17) and the Charter of Fundamental Rights (Article 45). While no Member State has challenged this principle, in practice excessive bureaucracy and discriminatory rules remain widespread.

New Directive.

The Commission says it hopes the European Parliament and EU Council of Ministers will adopt a new Directive on right of residence "in the beginning of 2004". The Commission tabled this proposal on May 23, 2001 to make it easier for EU citizens to move to another Member State, in particular by cutting red tape for them. It says the new Directive will especially benefit pensioners who spend a few months in their holiday home and students on exchange programmes. The Parliament adopted its first-reading Opinion on February 11, 2003 and the Council is due to adopt a common position in the coming months (see European Report 2750 for details).

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The draft Directive says that, for the first six months, EU citizens should face no administrative hurdles, except signalling their presence to the authorities if the host Member State insists. From six months to four years, the person could automatically stay, provided they made a simple declaration that they can support themselves. After four years' residence, the person would be entitled to stay permanently. The Commission has opted for the term "residence card" rather than "residence permit", on the grounds that as EU citizens they do not need permission to stay in another Member State. The Commission defines a 'family member' as the spouse, the direct descendants and the direct relatives in the ascending line. For host Member States that treat unmarried couples as equivalent to married couples, the unmarried partners are also included in the definition.

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The Charter: cornerstone of EU policy.

In developing a policy on right of residence, the main frames of reference are the Charter of Fundamental Rights and the concept of EU citizenship, the Commission says...