Free movement of EU citizens and their family members: Commission takes Greece, Malta, Luxemburg and United Kingdom to the Court of Justice

The European Commission decided to pursue infringement proceedings against Greece, Malta, Luxemburg and the United Kingdom for non-communication of their national implementing measures to transpose a key Directive consolidating and strengthening the free movement rights of EU citizens and their family members.

Franco Frattini, Vice-President of the Commission, said: "This Directive constitutes a milestone in the EU integration process by substantially enhancing the ability of EU citizens and their family members to move and reside freely within the EU. Enjoyment of free movement and residence across the EU strengthens the feeling of Union citizenship and is a fundamental objective of the Union". The Vice-President expressed concern as to the magnitude of delays in transposing this Directive and encouraged the Member States concerned to "step up their transposition efforts". Member States were to transpose the Directive into their national law by 30 April 2006.

Directive 2004/38/EC^[1] brings together the complex body of legislation that existed in this area and creates a single legal regime for free movement within the context of EU citizenship for all categories of Union citizens. It simplifies and strengthens the right of free movement and residence for all EU citizens and their family members. It creates important new rights such as the extension of family reunification rights to registered partners and the creation of a right of permanent residence after five years of residence in the host Member State which will no longer be subject to conditions. The Directive finally increases protection against expulsion on grounds of public order, public security and public health of Union citizens and their family members.

The deadline for the transposition of the Directive expired on 30 April 2006. A disappointing number of Member States failed to comply with their obligation to communicate to the Commission their national measures transposing the Directive.

In accordance with Article 226 of the Treaty, the Commission opened infringement procedures against all those Member States who had not communicated, or had only partially communicated, the national transposition measures. As the first step of the procedure, letters of formal notice were sent to all defaulting Member States. On 15 December 2006 the Commission delivered reasoned opinions to thirteen Member States that had not yet fulfilled their obligations.

Even though efforts in transposition have been stepped up since then, Greece, Luxemburg and Malta have not yet complied with their communication obligation, while the UK has done so only partially. Therefore the Commission is bringing the matter before the Court of Justice, as provided for by Article 226 of the Treaty. The Commission is examining the communications of a number of other Member States concerned and if necessary will take further procedural steps in due course.

For further information on the activities of Vice-President Frattini, please visit his website at:
http://www.ec.europa.eu/commission_barroso/frattini/index_en.htm

^[1] Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing 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 (OJ L 158, 30.4.2004, p. 77).