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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
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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
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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
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Main obstacles: Residence
Excessive delays in obtaining residence cards/registration certificates Excessive documentation required Onerous requirements to obtain residence cards
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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
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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
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Conclusion Difficult implementation Main persisting obstacles:
Administrative burdens/bureaucracy Misinformation/lack of cooperation High number of complaints on discrimination related to nationality
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Presentation by Gillian Kelly Nathalie Meurens Milieu Ltd
Policy Department Citizens’ Rights and Constitutional Affairs Responsible Administrators: Darren Neville and Ottavio Marzocchi
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