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Obstacles to Free Movement for EU Citizens and their Families: A Preliminary Study

This study examines the obstacles faced by EU citizens and their families in exercising their right to free movement and residence, as outlined in Directive 2004/38/EC. The study highlights difficulties in transposing the directive and identifies main obstacles related to entry, residence, social security, and discrimination. The study concludes with recommendations for addressing these persistent obstacles.

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Obstacles to Free Movement for EU Citizens and their Families: A Preliminary Study

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  1. Preliminary Findings Study on obstacles to the right of free movement and residence for EU citizens and their families

  2. Directive 2004/38/EC - Context Objectives Difficult transposition Issues related mostly to: • Family members (in particular third country nationals) – entry – sufficient resources – identity cards – expulsion – procedural safeguards

  3. Main obstacles: Entry Excessive documents required Right to accelerated procedure for entry visas refused Lack of/confusing information received regarding visas No reason for rejection of visas Delays

  4. Main obstacles: Residence Excessive delays in obtaining residence cards/registration certificates Excessive documentation required Onerous requirements to obtain residence cards

  5. Main obstacles: Social Security Delay/refusal to pay/obstacles to getting family benefits Barriers to receiving unemployment benefits Lack of coordination and communication between national authorities

  6. Main obstacles: Discrimination Nationality • Fee differences • Different tax rules for EU movers/nationals Civil status/ Sexual orientation • Lack of consistent approach to recognition of partnerships → free movement rights Ethnic origin/race • Discrimination against Roma

  7. Conclusion Difficult implementation Main persisting obstacles: • Administrative burdens/bureaucracy • Misinformation/lack of cooperation High number of complaints on discrimination related to nationality

  8. Presentation by Gillian Kelly Nathalie Meurens Milieu Ltd Policy Department Citizens’ Rights and Constitutional Affairs Responsible Administrators: Darren Neville and Ottavio Marzocchi poldep-citizens@europarl.europa.eu

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