Directive 2004
| European Union directive | |
| Title | Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States |
|---|---|
| Made by | European Parliament & Council |
| Made under | Arts 12, 18, 40, 44 and 52 TEC |
| Journal reference | L158, pp. 77-123 |
| History | |
| Date made | 2004-04-29 |
| Came into force | 2004-04-30 |
| Implementation date | required by 2006-04-29 |
| Other legislation | |
| Replaces | directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC |
| Amends | regulation (EEC) No 1612/68 |
| Current legislation | |
The Citizens’ Rights Directive 2004/38/EC (also sometimes called the "Free Movement Directive") defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate bilateral agreement on free movement with the EU.
It consolidated older regulations and directives, and extended the rights of unmarried couples. It gives EEA citizens the right of free movement and residence across the European Economic Area, as long as they are not an undue burden on the country of residence and have comprehensive health insurance. This right also extends to close family members that are not EEA citizens.
After five years, the right of residence becomes permanent, which means it does not depend on any precondition any longer.
The directive applies to any EEA citizen that is moving to and living in an EEA state other than his own (the exclusion is based on the principle of non-interference with purely national issues). However, it also applies when a European citizen is moving back to his home country after staying abroad, as defined in the case of Surinder Singh. For dual citizens with two EEA nationalities the directive can apply in any EEA state. Temporary limitations are in place for the new member states of the EU.
To be fully covered by the European right of free movement, the EEA citizen needs to exercise one of the four treaty rights:
These rights are named after the Treaty of Rome, which defines the freedom of movement for workers. They have been extended over time, and are mainly of historical significance by now, since being self-sufficient has been added to the list. As long as a citizen has sufficient money or income not to rely on public funds and holds comprehensive health insurance, he/she exercises one or more treaty rights. If no treaty right is exercised, the right of free movement is limited to three months.
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