DIRECTORATE GENERAL FOR INTERNAL POLICIES For the Committees on Petitions & Civil Liberties, Justice and Home Affairs Preliminary Findings Study on obstacles to the right of free movement and residence for EU citizens and their families

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

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

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

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

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

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

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