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ECAS EUROPEAN CITIZEN ACTION SERVICE 50 QUESTIONS AND ANSWERS ON YOUR RIGHTS AS A EUROPEAN CITIZEN ECAS 83, rue du Prince Royal B-1050 Brussels, Belgium Tel.: +32 2 548 0490 Fax : +32 2 548 0499 Email: publication@ecas.org Web site: http://www.ecas.org Authors: Monika Byrska Claire Damilano Special thanks to: Antoine Fobe Responsible Editor: Tony Venables ©ECAS all rights reserved

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50 QUESTIONS AND ANSWERS ABOUT YOUR RIGHTS AS A EUROPAN CITIZEN

I. EUROPEAN CITIZENSHIP 1. How do I become a European Citizen? 2. What rights do I have as a European citizen? 3. What about the right to non-discrimination? Doesn’t European citizenship guarantee

that we are all equal and must be treated in the same way? 4. What other rights does EU law give me? 5. Do European rights apply only if I cross a border?

II. YOUR RIGHT TO TRAVEL 6. If we have a right to travel freely within the EU, why are some countries still allowed

to carry out border checks on? 7. Does it mean that I still have to carry a passport or identity card when travelling inside

the Union? 8. Are there any other documents I might need when travelling in the EU? 9. Do I need any special documents in order to drive in another Member State? 10. I was told that when travelling in the EU, I can have with me as much tobacco and

alcohol as I consider to be necessary for my private use. Is this true? 11. Does EU law offer any protection or grant any special rights to tourists and customers

of European travel operators? III. YOUR RIGHT OF RESIDENCE

12. Does the European right to reside freely in the territory of the EU give me a truly unlimited choice as to the place where I want to live?

13. So what do I have to do to be able to stay in another EU country for a short period of time?

14. What are the formalities I have to comply with when I arrive in another country of the EU with the intention of staying there for longer than 3 months?

15. What happens if I do not comply with all these procedural requirements? 16. Does EU law give me an option of acquiring a permanent right to reside in the

territory of another Member State? 17. How long is the right to reside valid for once it is granted? Can it be taken away from

me?

IV. YOUR RIGHT TO WORK 18. Can I go to another country and look for work? 19. Is there anyone who can help me organise my work abroad? 20. Will I be granted any financial support during the period when I remain unemployed? 21. I have been told that I cannot work in a public sector outside my country of origin. Is it

true? 22. I have been informed about a special transitional period applicable to workers from

new member states after 1 May 2004. What does it really mean and who does it apply to?

23. Are you saying that a citizen from a new Member State cannot go and work in a Member State applying the transitional period?

24. What opportunities does the EU offer for education, training and research in another country?

25. How can I get my professional qualifications recognised in another country? 26. How can I get my diploma recognised in another country?

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V. YOUR SOCIAL RIGHTS

27. What are my social rights? 28. When I work abroad, do I keep the social security insurance in my own country,

should I get insured in the country in which I work or is there a European social security institution which I should join?

29. Am I entitled to health care anywhere in the EU? 30. How is my pension protected? 31. And what about my private pension scheme? 32. I am disabled and want to move to another country. Will I be granted the same level

of protection there? VI. YOUR POLITICAL RIGHTS

33. To what extent can I take part in elections in the host country? 34. In practice, how do I exercise my electoral rights in the host country? 35. Why is participation only limited to municipal and European elections? 36. Does the EU do anything to protect European citizens outside the EU?

VII. RIGHTS OF THIRD COUNTRY NATIONALS

37. What are the rights of family members of EU citizens? 38. How do I make sure my family is allowed to join me in the host country? 39. What happens to family members of an EU citizen who no longer remains in the host

country? 40. Do third country nationals who are not family members of an EU citizen benefit from

any of the free movement rights e.g. by living in the EU long enough?

VIII. IN DEFENCE OF YOUR EUROPEAN RIGHTS 41. What should I do if I think my European rights have been violated? 42. How do I take my case to the European Court of Justice? 43. So I have to go to a national court to defend my European rights? 44. Can I ensure my rights are respected without going to court? 45. What can the European Commission do? 46. And the European Parliament? 47. Can I just ask my MEP for help? 48. What is the role of the European Ombudsman? 49. What do I do if my case has nothing to do with EU law, but is pending in another

Member State? 50. How can I defend my fundamental human rights at the European level?

IX. Annexes

About European Citizen Action Service Where can you turn for more information and advice List of legislation quoted in this quide List of available E-forms List of Community training and research programmes

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I. EUROPEAN CITIZENSHIP

1. How do I become a European Citizen? Union citizenship, as a concept, was introduced in 1992, when the Treaty of Maastricht, known also as the Treaty on European Union (TEU), was signed. European citizenship confirmed the existing free movement rights and granted to Europeans new political rights (see question 2 below). Every person who is a national of one of the EU Member States automatically becomes a European citizen. European citizenship does not replace national citizenship, but complements it. Therefore, European citizens are only those persons who hold a nationality of one of the EU Member States. If an immigrant from outside the Union wants to become a European citizen, he/she must become a national of one of the EU countries first. As it is up to each individual Member State to determine who its nationals are, rules and procedures that need to be followed by persons who wish to acquire citizenship of one of the EU Member States vary from one country to the next. In the case of some Member States they are very restrictive. 2. What rights do I have as a European citizen? Your rights as a European citizen include: • Right to travel, work, or live freely in another country of the Union. Even if the

implementation of these principles remains incomplete, these are the rights most often referred to by European citizens. Therefore, the majority of this guide is devoted to a more detailed discussion of the rules governing these freedoms.

• Right to vote and be elected in municipal and European elections in your country of residence (see chapter VI of this guide).

• Right to diplomatic and consular protection by the authorities of another Member State, during your stay in a third country, where your own Member State is not represented (see question 36).

• Right to write to the European Institutions in your own language (see chapter VIII of this guide).

• Right to submit petitions to the European Parliament on subjects within the scope of the Union’s competence (see question 46).

• Right to complain to the European Ombudsman about maladministration by the European Institutions (see question 48).

3. What about the right to non-discrimination? Doesn’t European citizenship

guarantee that we are all equal and must be treated in the same way? The principle of non-discrimination is one of the basic principles upon which the European Union has been established. Article 12 TEU bans any discrimination on the grounds of nationality. This means that on matters within the scope of the Treaty, nationals of one Member State are to be treated equally with nationals of the host country. Since the very establishment of the European Communities in 1957, this principle has been to a certain extent complemented by the principle of equal pay for equal work for men and women expressed today in Article 141 TEU. Since its establishment the European Community adopted a number of directives primarily on equal pay for equal work. The principles of equality and non-discrimination have also been recognised as ones of the fundamental rights by the Court, which on numerous occasions stressed their importance for attainment of both the economic and social objectives of the EU.

Art. 17 TEU

Art. 18 TEU

Art. 19 TEU

Art. 20 TEU

Art. 21 TEU

Art. 21 TEU

Art. 21 TEU

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A m ore recent development in the area of non-discrimination came with the introduction of Art 13 by the Treaty of Amsterdam. This article enables the Council of ministers to take action to combat discrimination based on gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Even though Article 13 is not a direct prohibition against discrimination, but merely empowers the Union to act against forms of discrimination listed, it has most definitely strengthened law-making in this field. Since the passing of this Article the EU has enacted general directives prohibiting discrimination on the grounds of race or ethnic origin as well as a directive prohibiting discrimination on the grounds of religion, belief, disability, age or sexual orientation in the field of employment. The principles of equality and non-discrimination stand a chance of being further developed and strengthened if the new Constitution for Europe is ratified. 4. What other rights does EU law give me? Apart from the basic principle of non-discrimination and other rights directly associated with European citizenship, EU law, although not expressly conferring rights on EU citizens, directly influences everyday life. Numerous provisions, which either grant entitlements or guarantee protection to residents of the EU, are scattered through different parts of the Treaties. In this short guide we will not be able to do justice to them, but let us at least name a few:

• Rights and protections connected with employment, which apart from the provisions on equality of pay, include other rights connected with health and safety at work, working time, protection of young and pregnant workers, protection of part-time workers etc.

• Consumer rights protecting persons shopping and trading in the EU from unfair commercial practices and terms.

• Europe-wide safety standards on products, such as food, cars or toys. • Environmental standards for air quality, water, nature conservation

EU citizens’ rights have recently been gathered together in a Charter of Fundamental Rights which drafted as a separate document, now forms a part of the text of the draft Constitution for Europe. The Charter not only covers traditional human rights (e.g. rights to life, to liberty and security, respect for private and family life), but also some more modern rights associated with scientific progress, such as the ban on the cloning of human beings. It also introduces a right to good administration. The Charter will become legally binding if the new Constitution for Europe is ratified. For details please refer to the ECAS’ guide “50 questions and answers on the Treaty establishing a Constitution for Europe”. 5. Do European rights apply only if I cross a border? European citizenship is associated primarily with free movement rights, which are exerted and applicable only in another Member State. Most (if not all) other rights directly stemming from the provisions of EU law, but which are not directly associated with European citizenship (cf. question 4) can be relied on independently from any migration. These are rights which have a meaning not only regardless of your nationality, but also of your place of residence within the EU. Moreover, you have a right to petition the European Parliament and to complain to the European Ombudsman, regardless of whether you reside in your country of origin or one of the other EU Member States.

Council Dir. 2000/43 + Council Dir. 2000/78

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II. YOUR RIGHT TO TRAVEL 6. If we have a right to travel freely within the EU, why are some countries still

allowed to carry out border checks? The right to travel freely within the territory of the EU should not automatically be associated with travel in a border-free zone. Since 1995 internal border controls between a number of countries belonging to the so called Schengen zone have indeed disappeared. However, the Schengen zone does not match the geographical territory of the EU. For the time being 15 European countries form the border-control-free area: Belgium, the Netherlands, Luxembourg, France, Germany, Italy, Spain, Portugal, Greece, Austria, Sweden, Finland, Denmark, Iceland and Norway. Only 13 of them are also Members States of the EU (the last two being members of the European economic area). At the same time, two other EU countries (UK and Ireland) specifically choose to stay outside Schengen and therefore maintain their tangible border controls. Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuanian, Malta, Poland, Slovakia and Slovenia, which acceded to the European Union on 1 May 2004, for the time being, also remain outside the Schengen zone. However, all ten have expressed their will to join Schengen. Nevertheless, before that happens new Member States have to put in place all the necessary infrastructure and policy to ensure the security of their external borders. They also need to be connected to the second generation Schengen Information System (SIS II), which at the moment is still in the process of being set up. Given the number of factors on which the extension of Schengen depends, as well as the current delay in development of SIS II, it seems that 2007 is the earliest possible date for enlargement of the border-control-free zone. 7. Does it mean that I still have to carry a passport or identity card when travelling

inside the Union? It is true that when moving within the Schengen zone one may be under the impression that you no longer need any documents with you. You no longer will have to stop your car at a border crossing, where your passport or ID card is checked; no border control officials will also ask for your documents when you are travelling by train. However, you should not be mistaken. You may be asked to produce one of these documents (i.e. either national ID card or passport) once you already are in the foreign country. Should you be travelling by plane you will not be allowed to board your flight if you do not produce one of the two to airline staff. Identity documents are also required in a number of other situations e.g. checking into a hotel, contacting a bank, hiring a car etc. The EU law definition of “travel document confirming identity” includes a valid passport or a valid identity card. This definition excludes the possibility of using other identity documents (e.g. driving licence, student card etc.) as travel documents when moving within the EU. Therefore, you should bear in mind that if your country of origin does not issue national identity cards to its citizens, no other document may substitute for your passport. 8. Are there any other documents I might need when travelling in the EU? Apart from your valid identity card or passport, on your entry into the territory of another EU country, authorities of individual Member States may not require from you any other documents. Provided you are an EU citizen, no entry visa or similar formality may be imposed on you. Also, no entry or exit stamps should be entered in your passport. Nevertheless, there are certain other documents, which even though not required, may make your travel easier and less troublesome:

Art. 3 (1) +5(1) Council Dir. 68/360/EEC - provision modified and included in Art.5 Dir. 2004/58/EC

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• The E-111 form, which is gradually being replaced by a European health insurance card. It gives you access to health services of the country you visit, in case of an emergency that may occur during your travel. For details please ask you doctor or health insurance institution of your country (please also refer to question 29).

• Student card. National student cards may occasionally not be recognised by the institutions and authorities of the country you intend to visit. However, to make absolutely sure that you will be treated as a student during your travel (e.g. have access to discounted or free museum tickets, cinema or theatre tickets) you may consider applying for an international student card e.g. ISIC. For more information please consult www.isic.org.

9. Do I need any special documents in order to be able to drive in another Member

State? Not really. A driving licence issued by one Member State entitles you to drive anywhere in the EU. Even in the case of a permanent move to another Member State, you now do not have to exchange your driving licence, unless you voluntarily choose to do so. If you are travelling to another Member State as a tourist, you may drive your own vehicle without the need to obtain any additional documents. The compulsory civil liability insurance taken out in your home country is valid throughout the EU. Therefore, as long as you stay within the territory of the Union, you will not be required to pay any supplements. However, there are two points which you should note. Firstly, while in another country, it is the rules of the host Member State that are applicable to you. Therefore, not in case of travel, but in case of change of residence, you may be required to register (not necessarily exchange) your driving licence in your new country of residence. Please note also that international driving licences are not valid in the EU for a period longer than 3 months since the date of your arrival into a particular Member State. Secondly, if you are moving to another EU Member State for a longer period of time, you will have to register your car there as soon as possible and at any rate, no later than 6 months after your arrival. The authorities of the host country will check whether your car it is type-approved. In addition, if the vehicle is not a new one, they may require it to undergo a roadworthiness test. Registration procedures have not been harmonised so you should enquire about the documents necessary for registration of your vehicle, as well as details of the procedure involved, with the competent institution of your new country of residence. For more information you may also consult the fact-sheets prepared by the European Commission and available under the following address http://europa.eu.int/youreurope. 10. I was told that when travelling within the EU I can have with me as much tobacco

and alcohol as I consider to be necessary for my private use. Is this true? Alcohol, alcoholic beverages, manufactured tobacco as well as mineral oils are all products subject to payment of special indirect taxes/excise duties. Only if they are carried in quantities foreseen for personal use, will they be exempt from excise duty. The EU sets out some guidance as to the quantity of alcoholic beverages and tobacco products, which may be considered to be transported by individuals for their own use. These include:

• Cigarettes – 800 items • Cigarillos – 400 items • Cigars – 200 items • Smoking tobacco – 1.0 kg • Spirit drinks – 10 l

Art. 9 Council Dir. 92/12/EEC

Art.1(2) Council Dir. 94/439/EEC

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• Intermediate products – 20 l • Wines (including a maximum of 60 l of sparkling wines) – 90 l • Beers – 110 l

Different quantitative levels may be set for cigarettes brought from one of the eight new Member States in Central and Eastern Europe until they increase their excise duty rate to the European average. 11. Does EU law offer any protection or grant any special rights to tourists and

customers of European travel operators? The EU grants certain rights to tourists buying package-travel holidays. For instance, when you are inquiring about flights or making a reservation through a travel agent in the European Union, the agency is bound by law to give you precise and objective information on the flights available for the destination chosen. EU law also covers airline passengers’ rights. Regulation establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. For details please consult a comprehensive brochure on the subject available under the following address: http://europa.eu.int/comm/transport/air/rights/info_en.htm. If you need assistance or more information about the scope of your rights as a tourist within the EU, please consult one of the Euroguichets at the following address: http://europa.eu.int/comm/consumers/redress/compl/euroguichet/index_en.htm

Council Reg. 261/2004/EC

Council Dir. 90/314/EEC

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III. YOUR RIGHT OF RESIDENCE 12. Does the European right to reside freely in the territory of the EU give me a truly

unlimited choice as to the place where I want to live? You may choose to reside in any of the EU Member States. However, in reality the exercise of this right is not as free from restrictions as it may seem. Persons who are not economically active in the country where they wish to reside (i.e. fall outside the category of workers or self-employed persons) may generally not be able to establish their residence outside their home country, unless they fulfil certain condition i.e. comply with the “sufficient resources” requirement. “Sufficient resources” means the capacity to provide for your own needs and those of your dependants, so that you do not become a burden on the social assistance system of the host Member State. This requirement results from the need of all 25 EU countries to protect their individual and independent social security systems. The “sufficient resources” requirement has not been abolished (as some were hoping) by the new Directive 2004/58/EC, which clarifies and simplifies the EU law provisions on Union citizens’ free movement and residence rights (see question 14). Nevertheless, the new directive makes it obvious that Member States may not require EU citizens to dispose of a fixed amount of resources (as it is the case under the current legislation). In no case may Union citizens be required to dispose of an amount which is higher than the threshold for nationals of a given host Member State to become eligible for social assistance or the minimum state pension. 13. So what do I have to do to be able to stay in another EU country for a short period

of time? If you intend to stay in another EU country for less than 3 months, you are considered to be a traveller and do not have to do anything to establish your right to stay there. Even though certain Member States may require that you e.g. register your presence under a certain address, all you will be required to have is a valid identity card or passport confirming the fact that you are an EU citizen exercising your free movement rights. The situation is different if you intend to stay in another country of the EU for a period longer than 3 months. 14. What are the formalities I have to comply with when I arrive in another country of

the EU with the intention of staying there for longer than 3 months? Before we turn into a discussion of formalities which you may be required to comply with, we have to establish when (i.e. under what conditions) you will be allowed to stay outside your country of origin for a period longer than 3 months. As stressed in question 12 above, enjoyment of EU citizen’s right to reside is not free of limitations. According to EU rules you are allowed to reside in the territory of another Member State for a period longer than three months if:

• You are a worker or a self-employed person in the host Member State; • You are a student at a public or private educational institution of the host Member

State or you are undergoing a period of vocational training there, you have a comprehensive sickness insurance and declare to the authorities of the host country that you have sufficient resources not to become a burden on their social assistance system (see question 12);

Art. 7 Dir. 2004/58/EC clarifying and simplifying system applicable under existing acquis

Art. 8 Dir 68/360 and Art. 4 Dir. 73/148 modified and included in Art. 6 Dir. 2004/58/EC

Art. 8 (4) Dir 2004/58/EC

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• You are neither a student nor a worker, or a self-employed person, but you have sufficient resources not to become a burden on the social assistance system of the host country, as well as a comprehensive sickness insurance cover; or

• You are a family member of an EU citizen fulfilling one of the criteria listed above (to read more about rights of family members, please go to section VII of this guide).

Until now, under what we may call the “old system”, EU citizens who planned to reside in another Member State for a period longer than 3 months, are required to apply for a residence permit. Nevertheless, the system has never been free of complications. Despite numerous judgements of the ECJ that residence permit is not an authorisation, but merely a document recording a pre-existing right, some Member States by applying the scheme very restrictively, have penalised EU citizens who failed to obtain or extend their residence permit with expulsion orders. The red tape connected with issuing short-term residence permits occasionally lead to situations, where the administrative procedures are taking longer than the actual period for which the residence permit is sought. Therefore, when reviewing and consolidating the existing EU law provisions on free movement and residence, it was decided to abolish the residence card for EU citizens and replace it with a much simpler registration certificate. In the light of the new rules, EU citizens staying in another country for a period longer than 3 months are still required to register with the authorities of the host Member State. For the purpose of registration an EU citizen may be required to present the documents confirming his/her identity (i.e. passport or identity card) and documents confirming his/her employment or self-employment status or a proof that he/she satisfies the “sufficient resources” condition (see question 12). However, the new system is supposed to be simple because the registration certificate is to be issued immediately. The level of administrative formality connected with registration is expected to be much lower and less burdensome when compared with the old system of residence permits. The provisions of the new Directive, which simplifies, clarifies and repeals provisions that are currently in force, is to be transposed into the national laws of individual Member States by 30 April 2006 at the latest. Although individual countries have already started making the necessary changes (e.g. France has already suppressed the residence card for EU citizens), persons travelling in the EU should be aware of the fact that the old system of residence permits may still be in force in certain Member States until 30 April 2006. The exact situation should always be checked with the national authorities of the country to which you intend to move. 15. What happens if I do not comply with all these procedural requirements? As pointed out in question 14 above, even under the “old” system of residence permits, EU citizens’ right to reside is not conditional upon fulfilment of procedural requirements. The administrative process (whether in issuing of a residence permit or, under the new system issuing a registration certificate) is introduced only to formally ascertain your pre-existing entitlement to reside in another Member State. The new directive upholds and clarifies the power of administrations of individual Member States to impose sanctions on citizens who do not comply with the registration requirement. However, as the article clearly states, the sanction must be proportionate and non-discriminatory. In other words it may not be substantially different from the sanction imposed for similar administrative negligence committed by that country’s own nationals. It must be again stressed that expulsions and deportations on the grounds that one failed to apply for or extend a residence permit have never been legal. Now, with a much simpler system of registration, it is even much clearer that expulsion orders are not authorised. However, in an unlikely event of you being subjected to such a measure, please refer to section VIII of this guide to see what complaint and appeal procedures may be available to you. It is also important to know that the exercise of your right to appeal suspends the possibility of expulsion from the territory of a given country.

Directive 2004/58/EC

Art. 8 Dir. 2004/58/EC

Art. 38 & 40 Dir. 2004/58/EC

Art. 8(2) Dir. 2004/58/EC

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16. Does EU law give me an option of acquiring a permanent right to reside in the

territory of another Member State? Yes. The right of permanent residence status is one of the novelties introduced by Directive 2004/58/EC discussed above. It builds on the “right to remain” foreseen by the existing legislation for workers and self-employed persons. However, the new directive extends the option of “remaining” in another Member State permanently to other beneficiaries i.e. students and non-active persons as well as family members of EU citizens. As a general rule, a right of permanent residence is acquired by all EU citizens who have resided in the host country for a continuous period of 5 years. A shorter period of time is foreseen for workers and self-employed persons who cease to work for reasons set out in Art. 17 of the directive. However, more importantly, the acquisition of a permanent right of residence is not subject to fulfilment of any other conditions. Therefore, the “sufficient resources” condition which a non-active person would have to comply with when registering with the administration of the host country for the first time, will not apply to persons seeking permanent residence.

The permanent right of residence is shown by a special document, which is to be applied for by the citizen and issued by the authorities of the country concerned as soon as possible and on simply checking the duration of residence in the country. 17. How long is the right to reside valid for once it is granted? Can it be taken away

from me? The permanent right to reside, as its name suggests, is granted for life and it may be lost only through absence from the host Member State for more than two consecutive years. Before the permanent right is acquired, Union citizens residing in another Member State retain their “regular” right to reside for as long as they fulfil the conditions on the basis of which the right to reside has been granted to them (see question 14). Bearing in mind the general rule stated above, it is important to know also some more specific provisions originally introduced by the ECJ and recently expressly affirmed by Directive 2004/58/EC (see Art. 14 of the Directive) Firstly, applying for social assistance in the host country should not automatically result in an expulsion measure issued to the Union citizen. The authorities should take into account personal circumstances characteristic to the specific individual and his/her situation. Moreover, the right to reside may not be taken away from a person who continues to be a worker or a self-employed person in the host Member State, even without sufficient resources. Concerning the situation of workers and self-employed persons, it must be pointed out that you do not loose your status (and inherent to it residence right) simply because you are no longer working. You can retain your status of a worker and on this basis remain in the host country provided that: you are temporarily unable to work as a result of illness or accident; you remain involuntarily unemployed and have registered as a job-seeker at the employment office; or you are doing vocational training. In case of persons who lost their job during the first 12 months or remain unemployed after completing a fixed term contract of less than a year duration, residence right may be limited to a minimum period of 6 months. With reference to the residence right of job-seekers, please consult question 18 below. As regards the right to reside and its possible withdrawal from family members of an EU citizen, please consult section VII of this guide.

Art. 3 Dir. 90/364; 90/365; 93/96 upheld and included in Art. 14(2) Dir. 2004/58/EC

Art. 16 Dir. 2004/58/EC

Art. 19 Dir. 2004/58/EC

Art. 16 (4) Dir. 2004/58/EC

Provisions of Directive 68/360 + complementing it court judgements incorporated in Art. 7(3) Dir. 2004/58/EC

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IV. YOUR RIGHT TO WORK 18. Can I go to another country and look for work? As a European citizen you are allowed not only to travel and reside, but also take up employment or start a business activity in any of the EU Member States on the same terms and conditions as nationals of that country. EU law gives you the right to go to another Member State and look for work there for “a reasonable period of time”. This period of time is not specified. However, it is certain that you can stay in another country of the EU merely as a “job seeker” for a period of three months without the need to comply with any formalities (see question 13). Certain Member States make the “reasonable period of time” coincide with this three-month period. However, the judgements of the ECJ imply a six-month period, which represents a more realistic timeframe. It is advisable to check the exact situation with the relevant national authorities of the country where one wishes to look for work. Moreover, you should be aware that in all events, you cannot be required to leave the territory of the host Member State if you can show that you are continuing to seek employment and that you have a genuine chance of becoming employed (e.g. you have a job interview scheduled). If you are a national of a new Member State looking for employment in one of the old Member States or vice versa please refer to questions 22 and 23 to read about some special, more restrictive provisions and the circumstances under which these may apply to you. 19. Is there anyone who can help me organise my work abroad? You do not have to leave your country of origin if you want to find employment in another Member State. Should you need help with looking for employment, you can consult EURES (European Employment Service). This is a network coordinated by the European Commission, the public employment services of the Member States, trade unions, employer’s organisations and local authority services. The network comprises about 500 “Euro advisers” located throughout the European Economic Area. Their role is to assist job seekers, providing them with information about living and working conditions abroad and to facilitate the exchange of information about vacancies and applications for employment. EURES can be contacted through the national employment services or alternatively via a website: http://europa.eu.int/eures/index.jsp In addition, it should be remembered that you also have the option of registering with employment services and job centres in the Member State in which you are seeking work - it is not necessary that you are resident there. You are entitled to the same assistance as nationals of that country (i.e. without discrimination based on nationality). 20. Will I be granted any financial support during the period when I remain

unemployed? Normally, you will not be able to go to another Member State and claim unemployment benefits there, even if you remain unemployed. As a general rule, prior to making the application for unemployment benefits, you must have worked in the country where the application is made. In addition, the formalities which are laid down in the regulations governing unemployment in the country where the benefits are to be paid have to be respected. However, you may under certain conditions visit another Member State to seek employment there, while retaining your entitlement to unemployment benefits for up to six months in your country of origin. Before departure you should apply to the social security institution of your country of origin for an E-303 form. You should also know that you are entitled to unemployment benefits other than cash benefits i.e. facilities offered to job seekers (e.g. help

Art. 39 TEU + Art. 43 TEU

Art. 1 & Art.7 Council Reg. 1612/68/EC + Case C-292/89 Antonissen; provisions now included in Art 14(4)(b) Directive 2004/58/EC

Title III Chap.6 Council Reg. 1408/71/ EEC

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with looking for employment, discounted travel tickets etc.) on the same conditions as the nationals of the country in which you are looking for work. (see question 19 above). 21. I have been told that I cannot work in a public sector outside my country of origin.

Is it true? There is no blanket restriction preventing nationals of one Member State from taking up jobs in the public sector of another EU country. The nationality requirement is allowed only for posts involving safeguarding public order or the interests of the state. There is a number of positions in public administration to which no restrictions should apply e,g. teachers, social workers, local administration officials etc. It is also important to note that the nationality reserve may be applied only according to the type of function and not the hierarchical level of the post. For example, while you may be prevented from taking up e.g. the job of a guard at the national bank, the post of the director of a hospital (also a public institution) may not be reserved only for nationals. In practice, it should be noted that Member States often interpret the scope of the restrictions allowed far too broadly and fail to open access to employment in the public administration. The foreign candidate, although a European citizen, may sometimes have to combat more or less disguised protectionist practices. For advice on how to tackle possible problems, please consult section VIII of this guide. 22. I have been informed about a special transitional period applicable to workers from

new Member States after 1 May 2004. What does it really mean and who does it apply to?

The transitional period is a special regime applicable to nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia who wish to become employed in one of the old EU Member States. To address the concerns about a possible influx of workers from Central and Eastern Europe after enlargement of the EU, old and new Member States agreed that for a minimum period until May 2006 and a maximum one until May 2011, the right of access to the labour market of one of the old Member States may be granted to nationals of the new Member States on the basis of national law of individual countries concerned and not EU rules on the freedom of movement. The transitional period operates on the basis of the so called “2+3+2 formula”. What it means is that for a period of minimum two years after the date of enlargement (i.e. May 2006) individual old Member States are allowed to derogate from the EU law provisions on free movement of workers and apply certain restrictions as regards access to their labour markets by nationals of the new Member States. Before the end of this initial two year period, the Commission will prepare a special report, on the basis of which the Council shall review the functioning of the transitional provisions. On completion of this review, Member States will have to notify the Commission whether they will continue to apply national measures or switch to full application of free movement rights as set out by EU law. The countries which will decide to continue applying national measures will be allowed to do so for a period of another 3 years (i.e. May 2009). On expiry of this period EU law provisions should apply fully, unless a particular country notifies the Commission of a persisting threat of serious disturbances to its labour market and hence, is allowed to continue applying nationals measures for a further period of 2 years (i.e. until May 2011). As from May 2011 no national measures may be applied. It is important to note that for as long as an old Member State applies its national measures in place of EU law provisions, new Member States, on the basis of reciprocity, may apply similar restrictions with reference to nationals of that particular old Member State.

Art. 1 Council, Reg. 1612/68/EEC + Case C-66/85

Annexes to the Accession Treaty

14

23. Are you saying that a citizen from a new Member State cannot go and work in a Member State applying the transitional period?

No, it is certainly possible for a national of a new Member State to go and work in a country, which applies the transitional period. However, you will have to comply with requirements imposed on you by national law of that particular country. In reality the majority of old Member States impose on nationals of the new Member States a requirement to obtain a work permit prior to starting employment in that particular country. At the moment only the UK, Ireland and Sweden do not apply restrictive measures and under their national law grant free access to their labour markets for nationals of the new Member States (please note the registration requirement in the UK). For detailed information about systems and schemes applied by each of the 25 EU Member States, you may consult EURES on http://europa.eu.int/eures/index.jsp. However, you should bare in mind that whatever the system applied, individual countries may not introduce measures that would be more restrictive than measures applied by them before the accession. Moreover, preference must always be given to nationals of the new Member States over nationals of third countries. Once, all the requirements imposed by national law of a certain Member State have been fulfilled and access to the labour market has been granted, a national of a new Member State cannot be treated differently than other EU citizens. He or she possesses a number of rights: • Equality of treatment with nationals of Member States in employment matters. • Same social and tax advantages as nationals of the host country. • Same rights with regard to family being entitled to join the worker (whatever nationality). • Same social security rights - exportation, aggregation and equality of treatment. • Mutual recognition of professional qualifications (see question 25) Moreover, it is important to stress that workers, who have been granted access to the labour market of a given old Member State for an uninterrupted period of 12 months before or after accession, shall enjoy full free movement rights for as long as they remain in that country. The transitional period also does not apply to self-employed persons, whether exercising the right of establishment or the right to provide services in another Member State (certain restrictions allowed only under specific conditions i.e. in the building sector in Austria and Germany). Moreover, there are no restrictions that apply to free movement rights of students, pensioners and non-active persons who have “sufficient resources”. 24. What opportunities does the EU offer for education, training and research in

another Member State? There are a number of EU programmes designed to develop mobility. Some of them are listed in Annex 3 to this guide. It should, however, be noted that these are usually meant for organisations (for example universities, training institutes, youth centres) rather than individuals directly. Therefore, if you want to take part in any of them you should find a lead-institution in your home country and enquire about conditions of participation. To meet the needs of individual citizens directly, the European Commission has launched a useful portal PLOTEUS, where one can find a lot of information on learning and training possibilities throughout the European Union, exchange programmes and grants, as well as education and training systems of individual EU Member States. The portal may be accessed under the following address: http://europa.eu.int/ploteus/portal/ 25. How can I get my professional qualifications recognised in another country? It is important to note that, in order to work in a profession which is not regulated by the law of the host country, you do not have to get your qualifications recognised. You can simply start practicing, just as nationals of the host country do. EU law also does not govern the system of recognition of diplomas by potential employers. The system of mutual recognition of qualifications is there to facilitate the free movement of professionals and enable persons

15

qualified in a regulated profession in one Member State to practice the same profession in another Member State, where it is also regulated. There are two systems governing recognition of qualifications: automatic and general. The system of automatic recognition applies only to professions, which have been covered by EU harmonisation measures e.g. doctors, nurses, midwifes, dentists, veterinary surgeons, pharmacists, lawyers and architects (relevant legislation listed in Annex 4 to this guide). All that professionals covered by automatic recognition of qualifications need to do in order to have their qualifications recognised is to prove (by means of a diploma, certificate etc.) that they have obtained the relevant qualifications stipulated in the directive. This system applies equally to new and old Member State nationals. Doctors, nurses, architects etc, who obtained their qualifications in one of the new Member States before these have been covered by European harmonisation measures, can still benefit from the system of automatic recognition, if they obtain a special certificate from the competent authority of the new Member State. Such certificates are normally issued based on the completion of a training course and a number of years practice in a given profession. The details of the procedure will differ depending on the profession and the new Member State concerned. Therefore, one should always contact the competent authority of that country. It is important to stress that once the certificate is issued by the competent institution, it should not be refused or questioned by the authorities of the host country. The general system of recognition of qualifications applies to all other regulated professions (not listed above). It is based on the principle of “equivalence” and allows for effective comparison of qualifications obtained in the home country with those one would have obtained in the host country. The general system is based on the principle of mutual recognition, but it leaves it within the competence of the authorities of the host country to consider whether there are substantial differences in the duration, the content of the training, or even in the scope of the activities inherent to the profession in question. If such differences exist, the individual may be required to sit an aptitude test or undertake a period of supervised employment. There is a proposal to simplify the rules relating to the general system for recognition of professional qualifications with the aim of facilitating the free movement of persons. The directive proposes to provide for more automatic recognition of qualifications based on common platforms of professional associations at the European level and greater liberalisation of cross-border services. Unfortunately, for the time being, one should be aware that the area of recognition of qualifications is one of the key problem areas for persons moving within the EU. For example, particularly in the south of Europe, administrative delays in the process of recognition of qualifications are serious. For advice on where you may seek help in trying to overcome such problems, please consult section VIII of this guide. 26. How can I get my diploma recognised in another country? The academic recognition of qualifications would be a measure equally beneficial and necessary as the system of recognition of professional qualifications. However, for the time being, there is no system at the European level, which would guarantee recognition of all or part of your diploma obtained in one EU Member State, as equivalent in another. Therefore, if you intend to continue your education in another EU country, it will be up to the university to take into account (or not) the period of study you have already completed elsewhere in the EU. Many universities now follow the Erasmus programme which helps guarantee that your study placement abroad is considered an equivalent period of study in your home institution, including recognition of assessment methods. There is also a European Community course credit transfer system that facilitates the process of academic recognition. However, you must

Council Dir. 89/48/EC 92/51/EC 99/42/EC

COM (2004) 317 final

16

remember that the EU only aims to facilitate the mutual exchange of information between authorities of individual Member States about academic curricula of respective countries. It does not provide for a system of academic recognition. For further information consult the Network of National Academic Recognition Information Centres (NARIC) that can be contacted via the website: http://europa.eu.int/comm/education/socrates/agenar.html

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V. YOUR SOCIAL RIGHTS

27. What are my social rights? The treaty establishing the EEC and its later revisions have not been directed towards the development of a fully fledged European social model. Therefore, you will not find a section in the EU’s primary legislation entitled “Social rights of European citizens”. Nevertheless, this does not mean that the EU fails to guarantee any social protection to citizens moving within the Union. Each of the EU Member States operates its own and distinctive social system. To avoid a situation whereby an EU citizen who lived and worked in several countries of the EU would be disadvantaged e.g. as far as pension rights are concerned, EU law provides for a system of coordination of social security systems. Initially introduced in 1970s, the system continuously develops to cover the situation of e.g. persons, who during their lifetime have lived and worked in several Member States, frontier workers, persons temporarily working away from their permanent place of residence and family etc. Further questions within this section will give you a general idea as to how the scope of the EU’s “coordination” has developed. Nevertheless, it must be remembered that the European system of coordination of individual social security systems does not give the Union power to encroach on Member States’ competence in the area of social policy. The EU’s limited competence in this area arose not out of Member States willingness to regulate matters of social welfare at a European level, but the need to lift indirect barriers to the mobility of workers and their families. Therefore, European coordination directives focus primarily on determining which country is competent in terms of the social security rights (acquired and in the process of being acquired) and the obligations of people on the move. They also help avoid unfair disadvantages (or advantages) arising as a consequence of mobility. However, EU law does not apply to areas like e.g. non-contributory benefits, and social assistance is excluded. In these areas, Member States retain the exclusive right to determine the types of benefits and the conditions for granting them. 28. When I work abroad, do I keep the social security insurance in my own country,

should I get insured in the country in which I work or is there a European social security institution which I should join?

As stressed above, there is no unified Europe-wide social security model and logically, there is also no European social security institution. However, EU law imposes certain rules and principles, so as to ensure that the interaction of different national systems does not harm persons who exercise their right to free movement. These rules apply to employed and self-employed persons, as well as their family members, regardless of their place of employment or of residence within the EU.

The basic principles are as follows: • As a European citizen you are subject to the legislation of one Member State only, even if

you work in several Member States. • You are insured in the country in which you carry out your occupation. This is

independent of your place of residence or the place of establishment of your employer. • If you do not pursue a gainful activity or no longer do so, you are insured in your country

of residence. • If you are employed in more than one Member State, you are insured in your country of

residence if you carry out part of your work in that country. If you do not live in any of the countries in which you carry out your occupation, you will be insured in the Member State in which your employer is established or in which the company employing you has its

Council Reg. 1408/71/EEC + Council Reg. 574/72/EEC

18

registered office (if you are an employee). If you are self-employed, you will be insured in the country in which you carry out most of your self-employed activity.

• If you stop working in one Member State in order to start work in another, you will change social security system. You will stop accumulating rights in the first EU country and start to accumulate them in the second.

• If you cease working completely you remain subject to the legislation of the country where you were last employed.

• In case you have been contributing to social security systems of several Member States, for the purposes of calculating your pension or any other benefits to which a “qualifying period” applies, all the relevant periods of insurance, residence and employment undertaken in any of the EU Member States need to be taken into account.

However, it should be noted that the above affiliation rules have a number of exceptions, for example in the case of frontier workers, sailors or international transport workers. For more information on this subject, please consult the social security institutions of the countries involved. 29. Am I entitled to health care anywhere in the EU? The answer to this question depends on the angle from which we approach it. Generally, you do not have a right of access to health services of all 25 EU Member States. However, this is not a rule set in stone and you may be granted access to the health service of a country in which you are not normally insured, if certain circumstances arise. There are a number of cases to consider. Firstly, if you reside in a country other than that where you are insured, you have the right to all benefits in kind (for example health care coverage, medicine, hospitalisation) available under the legislation of your country of residence. These benefits are provided by the health insurance institution of your place of residence just as if you were affiliated to it. Secondly, in the case of emergency occurring while travelling or during a temporary stay in another Member State, health care service will be available to you on presentation of the E-111 form, which is progressively being replaced by the European health card in all the Member States (see question 8). Please note that you should obtain the documents preferably prior to departure. A third possible case is the need for care in another Member State, but which is not an emergency (“programmed care”). You can undergo specific treatment outside the country in which you are insured and normally reside, provided that the health insurance institution authorises you to do so (the E 112 form will need to be used). You should note that authorisation cannot be refused if the care required cannot be obtained by a person in his/her own country within a reasonable time, taking into consideration his or her state of health. In all the situations described above, the services of the country where the health care is obtained will apply their own legislation, even if it will be the affiliation country which will reimburse the expense through a cross-border compensation mechanism. 30. How is my pension protected? Old age pension: Until retirement age, you keep an insurance file in each Member State where you have been insured. On retirement every country where you were insured for at least a year will have to pay a pension corresponding in its amount to the period, during which you were insured in that state. Each country will calculate the amount by applying its own legislation. Nevertheless, do not worry if you have worked in a given country for a period of less than one year. You will not lose contributions made, as these will be transferred to your final country of employment.

Title III Chap.1 Council Reg. 1408/71/EEC

Title III Chap.3 Council Reg. 1408/71/EEC

19

Disability pensions are also calculated in accordance with the above rules, except for the following three points: • If you are insured in a number of Member States, how your pension is calculated will

depend on the legislation of the country concerned, i.e. the one making the payment. • The calculation of the disability rate remains a problem, as it is still up to each Member

State to determine it and there are big differences in legislation. • The absence of mutual recognition with regard to the disability rate explains why, if a

medical examination is required for a pension paid by a Member State other than your home country, they can require that an examination is carried out also by their own medical authorities.

Widow’s pensions follow the same logic as retirement pensions. Pre-retirement: Periods completed under the legislation of other Member States are aggregated by the competent country which is paying out benefit. In general, all types of acquired pensions are payable in any Member State without reduction, modification or suspension by using forms from the E-200 series. The request for payment of the pension should be made to the organisation in the country of residence, even if you have never worked in this country. Please note that for the payment of a disability pension one should apply to the institution of the country of affiliation or the country where the disability occurred. 31. And what about my private pension scheme? Until very recently, private pensions, known also as complementary or supplementary pensions, were not covered by EU law provisions on the coordination of social security schemes. By definition, private pensions are privately funded schemes, linked to a particular employer and for that reason could not be included in the system. However, this created numerous obstacles to labour mobility. Persons insured through private schemes were penalised when moving to another Member State and consequently forced to leave a given private scheme before reaching retirement age. It was not possible to “export” the scheme or build on it in another country. This left individuals concerned with significantly reduced benefit entitlements, or occasionally led even to a complete loss of the right to claim the private pension. Therefore, on review of EU legislation, private pensions have been included and subjected to the general principle that, when moving around the Union, the EU citizen’s rights should be protected. This principle is good, however it remains to be seen how it will be implemented and applied to private pension schemes in reality. 32. I am disabled and want to move to another country. Will I be granted the same level

of protection there?

As explained in answer to question 27 above, social or medical assistance which is means tested and falls outside the national social security systems, as well as special non-contributory benefits that combine characteristics of social assistance and social security, are not covered by the European system of coordination. Therefore, you will not be able to “export” your means tested and non-contributory disability benefits if you change your place of residence from one Member State to another.

However, as a European citizen, you are to be treated equally with nationals of the country to which you are moving (see question 3). Therefore, relying on this principle you can apply for benefits usually available to disabled persons in your new country of residence. However, you must bear in mind that disability benefits available in various EU countries may be of different kind and may vary in different amount. Therefore, you would be well advised to check the availability of particular benefits for your type of disability prior to departure.

Title III Chap.2 Council Reg. 1408/71/EEC

Council Dir. 98/49/EC + Council Dir. 2003/41/EC

Title III Chap.2 Council Reg. 1408/71/EEC

20

Moreover, if benefits are your only source of income, note that there may be some problems with establishing your right of residence in another Member State. As a non-active person you will be subject to the “sufficient resources” requirement for the right to stay (see questions 12 & 14). Therefore, if you leave your country of origin and loose the entitlement to benefits there, you may risk facing the difficult situation of having no income at all.

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VI. YOUR POLITICAL RIGHTS 33. To what extent can I take part in elections in the host country? The Treaty of European Union gives every EU citizen the possibility to vote and to stand as a candidate in municipal and European elections in the country of residence, under the same conditions as nationals of that Member State. Please note that a condition of length of residence can be imposed in so far as it applies also to nationals. Similarly, if you are only allowed to vote a certain time after acquiring national citizenship, the same rule applies to European citizenship. However, the right described above does not extend to regional or national elections and referenda. It is up to national legislation to determine who can participate in these and under what conditions. With regard to European elections, two points should be clarified: obviously, you cannot accumulate the right to vote or stand in elections in two Member States at the same time (whereas this is possible in the case of municipal elections). Secondly, if you are elected on the lists of the host Member State, you will go on the list of members of that country and not that of your country of origin. Note that EU law stipulates that your right to vote or stand in elections in any given country is subject to the condition that you qualify for such rights in your own Member State. 34. In practice, how do I exercise my electoral rights in the host country? If you wish to vote or be elected in your country of residence you must ask to be registered on the electoral roll. Once registered, if voting is obligatory in the host Member State, you are subject to this requirement on equal footing with the nationals of that country. You remain on the electoral roll until you withdraw yourself. It is regrettable that the electoral rights described above are not accompanied by a uniform obligation on Member States to actively inform European citizens resident in their country of such rights. In certain Member States, European citizens are informed at the same time that the nationals receive their electoral notice, whilst other EU countries leave foreigners to discover it all by themselves. 35. Why is participation only limited to municipal and European elections? It is easy to understand why the legislator was keen to allow electoral rights with regard to the European elections. It is less easy to understand the extension of electoral rights to municipal elections only and not to national and regional elections. Perhaps this can be explained by the idea that participation in parliament or “national” elections is an expression of “nationality” and sovereignty. This is different from the idea of municipal elections, which is based on your role as an inhabitant of a city. However, why there is exclusion from referenda on European issues is more difficult to understand. 36. Does the EU do anything to protect European citizens outside the EU? Yes, the Treaty of European Union stipulates that any European citizen in difficulty in a third country can benefit from the diplomatic and consular protection of any other Member State, just as nationals of the latter, when his/her own country is not represented. Essentially, this concerns assistance in the following cases: death, serious accident or illness, judgement or detention, protection and help to victims of violent crimes or natural disasters, and finally care and repatriation of persons in difficulty.

Art.19 TEU

Council Dir. 93/109/EC + Council Dir. 94/80/EC

Art.20 TEU

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VII. RIGHTS OF EU CITIZENS’ FAMILY MEMBERS AND THIRD COUNTRY NATIONALS

37. What are the rights of family members of EU citizens? Family members of an EU citizen are entitled to move freely together with the EU citizen within the territory of the EU. They may also reside and work in the Member State in which the EU citizen is working, carrying out a business activity, studying or simply residing (subject to the sufficient resources requirement – see question 12). Furthermore, principles of non-discrimination and equality of treatment discussed in question 3 apply to the same extent to EU citizens as to their family members (regardless of their nationality!). The only limitation put on rights of family members is the fact that their rights are “derived” form those of the EU citizen i.e. they are dependent on the acquisition and execution of free movement rights by the EU citizen. For example, a spouse of an EU citizen cannot claim to have a right to reside in the territory of another EU country, simply based on the fact of being married to an EU citizen; he she would have to be moving together with his/her spouse. Before we go into the details of the family members’ right to travel, reside and work in the EU, it is important to clarify, who may be considered to be a family member of an EU citizen. Based on the definition provided in EU secondary legislation, EU citizens’ family includes:

• the spouse; • the children of the EU citizen or of his/her spouse, who are under the age of 21 or

who are dependent on their parents; • other relatives in the ascending line (e.g. parents, grandparents) provided they are

dependent on the EU citizen or his/her spouse The new Directive 2004/58/EC which consolidates the current legislation on free movement and residence of EU citizens in the EU, extends this definition further by including in the definition of a family registered partners as well as their dependants in both ascending (e.g. parents) and descending (e.g. children) line. This provision takes into account the development of unmarried partner status in the legislation of certain Member States. However, it should be stressed that the EU does not oblige individual Member States to recognise partnerships registered in another Member State, unless the law of that country does give an option of registering partnership to its own nationals as well (non discrimination principle). 38. How do I make sure my family is allowed to join me in the host country? When discussing the rights of family members it is important to draw a distinction between family members who are EU citizens themselves and family members who are third country nationals. It is clear that family members who are EU citizens themselves enjoy their full rights to travel (see chapter II), reside in another Member State for a period of up to 3 months (see question 13), look for work and take up employment in another country of the EU (see questions 18 & 19) independently, as EU citizens. It is only when a family member who is an EU citizen will want to establish residence in another Member State for a period longer than three months that he/she will not be able to do so by simply proving he /she has the nationality of one of the EU Member States. Unless such a person becomes a worker, self-employed person or a student, he or she will have to prove a family relationship to another EU citizen to have a right to reside in the particular host country. Once this stage is passed, EU law does not make a distinction between lead-migrant EU citizens and family members, who are EU citizens themselves. Therefore, for detailed advice please refer to earlier sections of this guide. Third country nationals, who are family members of an EU citizen, can enter the territory of an EU country simply with a valid passport and a visa (where this is required – cf. Regulation 539/2001, as amended by Reg. 453/2003). The visa should be issued to third country

Art.10 Regulation 1612/68/EEC

Art.2 Dir. 2004/58/EC

Art.8(5) Dir. 2004/58/EC

Art. 3(2) Dir. 68/360 and 73/148 modified and included in Art.5(2) Dir. 2004/58/EC

23

nationals who are family members of an EU citizen free of charge and on the basis of accelerated procedure. Family members, who are third country nationals and want to join the EU citizen and reside with him/her in a host country, are free to do so. Residence for a period of less than three months duration does not require from the EU citizen and his/her family members the fulfilment of any formalities or conditions. In case of stays longer than 3 months, an application for a residence card should be made to the authorities of the host country concerned. Directive 2004/58/EC does not abolish this requirement where third country nationals are concerned. However, to facilitate the process, it does set a deadline, within which the residence permit for family members of an EU citizen should be issued. The maximum period of time given to national administrations is 6 months with a safeguard that the “certificate of application for residence permit” should be issued immediately on application. Once obtained the residence card will be valid for 5 years. Under the provisions of the new Directive 2004/58/EC, within the period of its validity, a residence card for family members who are third country nationals may also substitute a visa in case of travel to other EU countries. The right to reside, once established, is accompanied by its corollary: the right to work, which is granted to family members, regardless of their nationality, on the basis of the same rules that are applicable to EU citizens. No requirement to obtain a work permit applies (please see questions 22 & 23 to read about certain restrictions that may apply to citizens of the new Member States and therefore, consequently also to their family members). However, it should be stressed again that it is very important to remember that rights of family members who are third country nationals are conditional on the EU citizen exercising his/her free movement right. EU law does not apply to family members of an EU citizen who stays in his/her own country unless he/she returned there with a family built in another Member State. 39. What happens to family members of an EU citizen who no longer remains in the

host country? Until now in case of death, divorce or separation from an EU citizen, the situation of family members who are third country nationals was very unclear. The uncertainty as to what should be the legal basis for third country national’s right to remain in an EU country, once he/she is officially no longer a family member of an EU citizen, meant that individuals could have been even expelled from their adopted country of residence. This was until the new Directive 2004/58/EC provided us with some useful guidelines: Death or departure. In case of death or departure of an EU citizen from the host Member State, his/her family members who are third country nationals will retain their right to reside in the host Member State, provided they have been residing with the Union’s citizen as a family member for at least a year beforehand. Regardless of their nationality, the children of an EU citizen who are studying in the host country and the person who has custody over them will not loose their right to reside until they complete their studies. Divorce and separation In case of divorce, annulment of marriage or termination of registered partnership, the right to reside for family members who are third country nationals remains unaffected only provided that: prior to divorce or termination, the marriage/partnership has lasted for at least 2 years (including one year in the host Member State); the spouse/partner has the custody over the EU citizen’s children; or if he/she is confronted with difficult circumstances (e.g. the victim of domestic violence) and therefore protected.

New right granted under Art.6(2) Dir. 2004/58/EC

Art. 9 & 10 Dir. 2004/58/EC

New right under Art.5(2) Dir. 2004/58/EC

Art. 12 &13 Dir. 2004/58/EC

24

Note: the right to reside for family members who are Member State nationals themselves remains unaffected by the EU citizen’s departure, death, divorce or termination of registered partnership. 40. Do third country nationals who are not family members of an EU citizen benefit

from any of the free movement rights e.g. by living in the EU long enough? As a general rule, third country nationals do not enjoy any of the free movement rights granted to EU nationals. However, with 15.5 million third country nationals legally resident in the EU, the law could not remain silent on the issue of their right to move within the Union. Firstly, concerning the right to travel freely within the territory of the EU, third country nationals do not fully benefit from this freedom. As indicated above, a visa requirement is still imposed. However, third country nationals who have a long term visa issued by one of the countries from the Shengen zone (see question 6) are allowed to travel freely and reside in any other Schengen country for a period of up to three months without the need to acquire any additional documents. Concerning third country nationals’ right to reside and work within the territory of the EU, the granting of such a right in one EU country had until recently no influence on the right to live and/or work in the territory of another EU Member State. The same rules applied as for compatriots who entered the EU for the first time. However, this situation should change in the near future. On the basis of Directive 2003/109/EC, which is to be transposed in the national legislation of all the Member States by 23 January 2006, third country nationals who are long term residents in one country of the EU (i.e. have legally resided in that country for a continuous period of minimum 5 years) are allowed to relocate to another Member State in order to exercise an economic activity there, to pursue studies or for other purposes. Nevertheless, it must be stressed that the exercise of this right is not unrestricted and for instance Member States retain the right to limit the total number of persons entitled to reside in the specific EU country. Therefore, for the time being, third country nationals (even when long term residents in the Union) do not enjoy free movement rights comparable to EU citizens.

Regulation 539/2001, as amended by Reg. 453/2003

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VIII. IN DEFENCE OF YOUR EUROPEAN RIGHTS

41. What should I do if I think my European rights have been violated? Firstly, it is important to check that the problem raised is an issue covered by EU law i.e. falls within the scope of the Treaty and the legislation that derives from it. It is not enough that the problem is in a Member State or even that it involves two or more Member States. Just because the problem is of a cross-border nature does not make it an issue of EU competence. For example, divorce between nationals of two different Member States will certainly raise a number of trans-national questions, but it remains a matter of national competence, even though the EU is beginning to issue recommendations and becomes more active in the area of family law. If you have a difficulty understanding the scope and limits of your European rights, you may find it comforting (or not) that so do many lawyers! 42. How do I take my case to the European Court of Justice? People often assume that when their rights are violated, they can appeal to the European Court of Justice. This is not true, except in very specific circumstances. You may bring an action to the European Court of First Instance (CFI), which is attached to the European Court of Justice, only when you seek the annulment of a decision taken at Community level; this can involve either a decision which is addressed to you or a decision which although not addressed to you, nevertheless directly and individually concerns you. Since it is up to the Member States to transpose the Community provisions into their legal order and to implement them, European citizens have the right to expect national authorities of the various Member States of the EU to guarantee the application and respect of EU law provisions on the national level. The European Court of Justice’s role is to interpret Community law without coming to a conclusion on the case. The normal course of a complaint, as described in the next question, is to take one’s case to national court instead of the European Court of Justice. Access to the European Courts may be widened if the new Constitution for Europe comes into force. For more in-depth discussion please refer to ECAS’ guide “50 questions and answers on the Treaty establishing a Constitution for Europe”. 43. So I have to go to a national court to defend my European rights? Yes, the national judge is the “ordinary” judge also for matters of EU law. It is the national courts that are responsible for ensuring the proper application of EU rules. If the judge considers that your European rights have been ignored, he/she will order the rectification by the administrative body (or private actor) concerned. In addition, if required, he/she will also be able to grant you financial damages for any loss suffered by the abuse of your rights. As explained above, the European Court of Justice will only intervene on a “prejudicial” basis (to give an official and binding interpretation of Community aw, without coming to a conclusion on the facts in the case). A “prejudicial question” to the European Court of Justice may be submitted by the judge on his/her own initiative or at the request of one of the parties to the case. In the latter case, the judge is obliged to refer the question to the ECJ only if his/her decision will not be subject to appeal (decision reached at the top of the judicial hierarchy).

Art. 35 TEU & Art .220 TEC

26

44. Can I ensure my rights are respected without going to court? Yes. In fact, before you launch any judicial proceedings, you may even be required to have used up other remedies (i.e. administrative appeal procedures). Many disputes are resolved through administrative revision of an individual decision. To obtain this, alternative dispute resolution procedures between the public and the administration (e.g. ombudsman, petitions, conciliation etc) are widely used. These are available in all the Member States, although in very different forms. You should start by contacting the body concerned (e.g. local, regional or national authority) and telling them that you believe your European rights have not been respected or have been incorrectly interpreted. It may be useful at this stage to state the relevant rules (you can do this by using the services highlighted in Annex 2). Throughout this process, care must be taken to respect the procedure and the deadlines to appeal against an administrative decision in order to avoid losing the possibility of claiming your rights at a later date, in particular through the courts. Only if you do not succeed in this process, it would be advisable to consider legal action. In parallel to the process of administrative appeals you may consider the use of services like SOLVIT. It is a service established by the European Commission and managed by governments of all 25 EU Member States and also in Iceland, Lichtenstein and Norway (who remain outside the EU). SOLVIT is a fast and effective problem solving tool based on the possibility of exerting ‘peer pressure’ on the public administration concerned. The majority of cases are solved within a 10 weeks deadline. Complaints may be reported simply by contacting the national SOLVIT centre on the phone, e-mail or in person. Contact details for all 28 SOLVIT centres, as well as more information about this service is available on the following website: www.europa.eu.int/solvit. 45. What can the European Commission do? The European Commission is the “guardian” of the Treaty, responsible for ensuring that Member States implement EU laws correctly. If necessary, this Institution can start an infringement procedure in the European Court of Justice for a Member State’s failure to fulfil its obligation. Complaints to the Commission are informal. It is sufficient for the complaint to contain the following information: name, nationality, address, professional occupation, description of the facts with indications of the authorities in question. If possible you should also include any relevant documentation. There is no need to be assisted by a lawyer and the procedure is free of charge. To send a complaint, write in any of the official languages of the Union to: Commission of the European Union (For the attention of the Secretary General) 200, rue de la Loi B-1049 Brussels There is also the option of using a standard complaint form that can be obtained from the offices of the European Commission located in individual Member States and also on the website: http://europa.eu.int/comm/sg/lexcom. You will be informed of the action being taken on your complaint. Unless the complaint is obviously ill-founded or not within the scope of Community law, the Commission will inquire into the facts and the law before deciding whether to follow up the complaint or not. This decision should be made within a year from the registration of the complaint. The advantage of the procedure is its lack of formality and low cost; the disadvantage is that the Commission is free to decide whether or not to act, and is not accountable to the plaintiff. That is why people sometimes combine a complaint with a petition to the European Parliament.

Art. 21 TEC

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If the Commission considers that there is a violation of Community law, it will invite the Member State in question to react before issuing a “reasoned opinion” requiring the EU country in question to remedy the alleged infringement within two months. At this stage, hopefully the complaint will be solved. However, the situation can arise that the Member State does not conform with the reasoned opinion. In this case the Commission may – at its discretion, there again – decide to refer the case to the European Court of Justice. It should be noted that the judgement of the court does not affect the individual rights of the complainant directly; it will be up to him/her to eventually seek the rectification of the decision concerning him/her and possibly obtain damages at the national level, with the support of the judgement by the European court. 46. And the European Parliament? You have the right to petition the European Parliament on a matter which is related to the EU’s fields of activity and which affects you directly. Petitions must therefore relate to Community law, its implementation by Member States (or EU institutions) an actual or supposed case of improper action by a national authority (or an EU institution). Your petition will be dealt with by the Committee on Petitions of the European Parliament. The Committee replies to all petitions and will inform you of the progress made. Petitions can be a valuable means of putting pressure on those concerned. They can raise the profile of your problem particularly through the contacts that the Committee may make with other European institutions, usually the European Commission, and/or the national authorities. Petitions are informal, but must include the essential information as listed in the previous question. They can be sent to: To the President of the European Parliament L-2929 Luxembourg Petitions are recorded and examined by the Parliament’s Petition Committee, which will inform the complainant of any follow up action being taken. If the Petitions Committee considers there has been an infringement of EU law, it can recommend that the European Commission, as the guardian of the Treaty, takes the necessary measures. The Petitions Committee has no powers to order measures or start recourse against a Member State. On the other hand, the European Parliament is able to exert political and moral pressure and as a last resort could bring a case against the Commission before the European Court of Justice for their failure to follow its recommendations. 47. Can I just ask my MEP for help? Yes. The petitions procedure is slow. In many cases it may, indeed, be more effective and quicker to ask an MEP (Member of the European Parliament) from your region to intervene on your behalf. You can inform your MEP about your problem directly. He/she will make some investigation in order to be satisfied about the legitimacy of your complaint and then give you an opinion or write to the authorities on your behalf. If he/she thinks that it could be a good case for a petition, he/she will contact the Petitions Committee. If the question concerns a more political matter, he/she may present it as a parliamentary question during a plenary session of the European Parliament. The details of each MEP are available on the website of the European Parliament: http://www.europarl.eu.int

Art. 226 TEC

Art.21 & Art. 194 TEC

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48. What is the role of the European Ombudsman? The role of the European Ombudsman is to receive complaints from private individuals about maladministration by the European Institutions, the Council, the Commission and the European Parliament but also agencies and other bodies of the European Union. It should be noted that the European Ombudsman cannot examine instances of maladministration by the national, regional or local administrations of Member Sates, even if they relate to EU law. Complaints against those bodies may be launched with similar “ombudsman” services available on the national level (full list is presented on the European Ombudsman’s website - see below). The complaint should be made within two years of when the problem occurred. The formal requirements are similar as for a complaint to the Commission (see question 40) and it is also possible to use a standard complaints form, which can be obtained from the Ombudsman’s office or website. Contact details are as follows: Mr Nikiforos Diamandouros The European Ombudsman 1, Avenue du Président Robert Schuman LP 403 F-67001 Strasbourg Cedex Tel: +33 (0) 3 88 17 23 13 Fax: +33 (0) 3 88 17 90 62 Email: euro-ombudsman@europarl.eu.int Website: http://www.euro-ombudsman.eu.int It is not necessary to have suffered damages due to maladministration. It is however necessary to have first attempted to raise the matter with the institution concerned (preferably by a letter). In addition, the facts of your complaint must not be or already have been the subject of judicial proceedings. The Ombudsman has the power to carry out the necessary investigations with the Institutions concerned in all independence and without being obstructed by the possible confidentiality of documents. If the Ombudsman finds an administrative mistake, he will try to find a solution that will be acceptable to both parties. If he considers it necessary, he will send the Institution concerned a recommendation that it will have to be followed within three months. Failing this, the Ombudsman will send to the European Parliament a detailed report, leaving the matter up to them. Opinions of the Ombudsman are not legally binding, but they do carry moral authority and they are generally followed by the Institutions. 49. What do I do if my case has nothing to do with EU law, but is pending in another

Member State? There are no pan-European rules facilitating legal proceedings involving citizens from other EU Member States, but which do not involve an issue of EU law. However, certain steps at the European level, e.g. aiming to guarantee equal access to judicial proceedings at national level for all European citizens have been taken. For example, if you reside in another Member State, you can claim legal aid on the same conditions as nationals of that country. You are also entitled to ask for the assistance of an interpreter if you are not sufficiently familiar with the language of the country, where your case is being heard. Nevertheless, even with these provisions, the wide diversity of legal systems remains a problem for those involved in a dispute in another Member State. This is why the European Commission has drafted a recommendation on the principles applicable to simplified legal proceedings (aiming at limited amounts only and therefore not requiring the assistance of a lawyer) and also to “out of court” procedures (e.g. arbitration, specialist mediators) which exist in all the Member States, but vary significantly.

Art.195 (2) TEC

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Furthermore, there is legislation to simplify access to justice for consumer associations. It encourages the mutual recognition of the associations entitled to act for the defence of collective interests before the relevant jurisdictions or administrative authorities in the Member States. Consequently, European consumers should be able to be assisted by an association, not only in the country of residence, but also in the country where goods or services have been bought. A special network has been set up to solve cross border consumer complaints (see Annex 2). 50. How can I defend my fundamental human rights at the European level? A distinction should be drawn between the European Court of Justice situated in Luxembourg and the European Court of Human Rights situated in Strasbourg. The first resolves EU law issues, the second aims to ensure, within the Member States of the Council of Europe (currently 46), the respect of the European Convention of Human Rights and of Fundamental Freedoms. A person, even residing illegally on the territory of one of the signatory states, can bring an action in Strasbourg if he/she believes to be a victim of a violation by the public administration of his/her rights under the aforementioned Convention. For more information please consult the following web-section of the Council of Europe portal: http://www.echr.coe.int/Eng/General.htm. Note that before the ECHR can declare itself competent, the plaintiff must have exhausted the internal appeals in the Member State concerned.

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Annex 1

About European Citizen Action Service (ECAS)

WHO ARE WE? ECAS was created in 1990 as an international non-profit organization, independent of political parties, commercial interests and the EU Institutions. The mission of the association is to enable NGOs and individuals to make their voice heard with the EU. ECAS provides advice on how to lobby, fundraise, and to defend European citizenship rights. It is a large cross-sectoral European association bringing together members from different areas of activity: civil liberties, culture, development, health and social welfare as well as general civil society development agencies. ECAS is at 83 rue du Prince Royal, 1050 Brussels, with our documentation centre sharing premises with the European Foundation Centre (EFC) at 53 rue de Concorde, just one block away. The libraries of the two organizations make up a unique collection of both European Union and foundation funding information, and there is also a workstation for visitors. WHAT CAN WE DO FOR YOU? Do you want to develop or review your organization’s contacts with the EU Institutions, look for funding opportunities, or create a new European association or network? We can help you achieve your European aims more quickly and easily because:

You will find a helpful multilingual staff specialized in lobbying, fundraising and EU legal issues supported by a sound infrastructure.

You can benefit from EU funding like thousands of NGOs which have already succeeded because of our guide to EU funding for NGOs.

You can obtain good access to the EU Institutions across different policy areas and to European level associations.

You will find ECAS is motivated to help because it is not just a commercial service, but committed to creating a more open and broadly based civil society round the EU. WHAT ARE OUR OBJECTIVES? ECAS has three objectives described under the 3 C’s: C1. Civil Society, Enlargement and the Structural Funds ECAS can take credit for enlarging NGO representation at European level, but the Institutions still appear remote, complex, with little clarity in the relationship with civil society. We can help make the EU easy. Our priorities are:

To develop an electronic newsletter for members To train NGO representatives from the new member states and neighbouring

countries to become EU specialists. To promote better access to the structural funds for NGOs.

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C2. Citizens free movement rights ECAS hotlines have encouraged the European Commission to improve its own communication with citizens, but having dealt with over 50,000 complaints little improvement in “free” movement is visible. That is why ECAS does not just help individuals but campaigns for legislative solutions. Our priorities are:

To run the citizens signpost service for the Commission at a high level of quality and to help solve cross-border problems

To continue to host the annual European forum of citizens’ advice services to overcome the fragmentation of responsibilities for the enforcement of European rights.

To promote a “dual citizenship” both national and European, based on residence and going beyond free movement rights.

C3. Citizenship and governance ECAS’ first two objectives cannot be achieved without a third: not just timid reforms but a revolution in the Institutions to make them open and accountable to citizens. Our priorities are:

To inform citizens about the new Constitution which strengthens their European rights To develop policy research on transparency and communication between the EU and

citizens. To propose a European compact between civil society and the EU Institutions. To campaign for a genuine European citizenship

ARE YOU CONVINCED? You may consider that ECAS can respond to your needs, and that you can join a collective effort to further the cause of European civil society. If so, please consider becoming a member of ECAS. For details contact us at: info@ecas.org Please visit our Website at: www.ecas.org

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Annex 2

Where can you turn for more information and advice The main sources of legal information are:

• Europe Direct

This service aims to provide you with answers to your questions about the European Union. A series of guides and fact sheets are also available free of charge for people who are going abroad. To contact Europe Direct:

Telephone: Freephone 00 800 6 7 8 9 10 11

You can call this number from anywhere in the 25 Member States and you will be directed to an operator who speaks your own language.

Visit the website: http://europa.eu.int/europedirect

• Signpost Service

If you require assistance with more detailed questions about your rights in Europe you can contact the Signpost Service. A team of legal experts working for this service can answer questions in all 20 official languages of the EU, providing citizens with advice and assistance, when they do not know how their EU rights should be applied or enforced. To contact Signpost visit: http://www.europa.eu.int/citizensrights/signpost/front_end/signpost_en.htm

• ECAS (European Citizen Action Service)

ECAS Advisory Service also has a team of experienced lawyers who will be able to answer your questions on the free movement of persons in a number of official EU languages. For more information visit: http://www.ecas.org

• Eur-Lex

The "on-line" library of Community law allows easy research, either by specifying words in the text, or carrying out a search by key words to find all the existing legislation. The address is: http://europa.eu.int/eur-lex

• European Documentation Centres (EDC)

These centres provide “information about the Community at Universities and research institutes”. For more information and for details of your nearest centre, visit: http://europa.eu.int/comm/relays/edc/index_en.htm

• European Consumer Centres (Euroguichets)

This network’s role is to provide advice and support to the European consumer on problems with the internal market. For more information visit the website: http://europa.eu.int/comm/consumers/policy/euroguichets/index_en.html

• Euro-Info-Centre (EIC)

There are more than 300 EICs across the Union and elsewhere in Europe to inform businesses (in particular small and medium-sized enterprises) on the possibilities of the single Market. For more information visit the website: http://europa.eu.int/business/en/advice/eics

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Apart from advisory and information services listed above, you may also wish to contact: • Offices of the European Commission and the European Parliament

The Commission has an office in the capital of each Member State and in applicant countries and indeed in capitals throughout the world. Their task is to provide information about the Union. Please note: in the three countries where there are National Information Centres (see below), requests for information by the general public will usually be re-orientated towards them. The larger countries have an office in one or two other important cities. With regard to the Parliament, it has an information office in each capital.

• National Information Centres

Created jointly by the European Commission and the Member States where they are established, these centres are at the forefront as a source of information about Europe in the host countries. There are three of them for the moment in Paris, Lisbon and Rome. For more information visit: http://europa.eu.int/comm/relays/centres/index_en.htm

• Unified Europe Direct Network

To be created during the year 2005. It will replace the network of Info Points Europe and Carrefours. Information about developments on this front may soon be available on following website: http://europa.eu.int/comm/relays/ipe_en.htm.

• Euro-libraries

Established within public libraries in Spain, the UK and Denmark, they enable citizens to consult documentation available on the policies of the Union, or even organise events in relation to the Union.

• Europa This is the name of the server http://europa.eu.int starting point of all the on-line official information of the European Union, available in all twenty official languages of the EU.

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Annex 3

European Union research and training programmes • Socrates

This programme finances initiatives encourage co-operation and the exchange of ideas and expertise among students and academic staff. It finances the development of common courses between universities of various Member States, as well as the possibility of carrying out part of your studies abroad. This part of Socrates is Erasmus. In addition, also financed by Socrates, there are the following projects:

o Lingua - is designed to facilitate exchanges for language teaching and learning.

o Comenius – designed to promote trans-national cooperation and exchanges between schools and teacher training establishments

o Grundtvig – focusing on adult education • Leonardo Da Vinci

This programme promotes vocational training for all. It supports projects of co-operation in research and encourages the adaptation to new technologies.

• Tempus This programme encourages cooperation of higher education institutes. Within the scope of this programme Individual Mobility Grants are provided for individuals working in higher education.

• European Youth Programmes This encourages young people (15-25 years) to experience living or working in another Member State.

• European Voluntary Service

This programme encourages young people (18-25 years) to do voluntary work in another Member State.

• Training and Mobility of Researchers (TMR) This programme can give “Marie Curie” grants to enable a researcher to move to another Member State to join a research organisation for a period of between six months and two years.

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Annex 4

List of relevant secondary legislation

Regulations

• EEC No. 1612/68 of 15.10.1968 On freedom of movement of workers within the Community. • EEC No. 1251/70 of 02.06.1970 On the right of workers to remain in the territory of a Member State after having been employed in that state. • EEC No. 1408/71 of 14.06.1971 On the application of social security schemes to employed persons and their families moving within the community. 261/2004 of 11.02.2004

Establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.

Directives

• 64/221/EEC of 25.02.1964 On the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health. • 68/360/EEC of 15.10.1968 On the abolition of restrictions on movement and residence for workers and their families. • 72/194/EEC of 18.05.1972 Extending to workers exercising the right to remain in the territory of a Member State after having been employed in that State the scope of the Directive of 25 February 1964 on coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health • 73/148/EEC of 21.05.1973 On the abolition of restrictions on movement and residence with regard to establishment and provisions of services. • 75/34/EEC of 17.12.1974 Concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity • 75/35/EEC of 17.12.1974 Extending the scope of the Directive No. 64/221/EEC. • 77/452/EEC of 27.06.1977 Concerning the mutual recognition of diplomas (nurses).

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• 77/486/EEC of 25.07.1977 On the right of education of the children of migrant workers. • 78/686 and 687 of 24.08.1978 To facilitate the free movement of dentists and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications. 78/1026 and 1027 of 23.12.1978

To facilitate the free movement of veterinary surgeons and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications. • 80/154 and 155 of 21.01.1980 To facilitate the free movement of midwives and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications. • 85/384/EEC of 10.06.1985 On the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services. • 85/433/EEC of 16.09.1985 Concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy. • 86/653/EEC of 18.12.1986 On the coordination of the laws of the Member States relating to self-employed commercial agents • 89/48/EEC of 21.12.1988 On a system for the recognition of higher education diplomas. • 90/314/EEC of 13.06.1990 On package travel, package holidays and package tours. • 90/364/EEC of 28.06.1990 On the right of residence • 90/365/EEC of 28.06.1990 On the right of residence for employees and self employed persons who have ceased their occupational activity. • 92/51/EEC of 18.06.1992 On a general system for the recognition of professional education and training. • 93/16/EEC of 05.04.1993 To facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications. • 93/96/EEC of 29.10.1993 On the right of residence for students. • 93/109/EC of 06.12.93 Right to vote and to stand in European elections. • 94/80/EC of 19.12.1994 Right to vote and to stand in municipal elections.

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96/26/EC of 29.04.1996

On admission to the occupation of road haulage operator and road passenger operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations. • 98/5/EC of 16.02.1998 To facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained. • 99/42/EC of 07.06.1999 Establishing a system of recognition of qualifications. • 2004/58/EC of 29.04.2004 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 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/34/EEC, 90/365/EEC and 93/96/EEC

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Annex 5

List of available E-forms

E-FORM Description

GENERALE001 Request for information, communication of information, request for forms, reminder on an

employed person, self-employed person, a frontier worker, a pensioner , an unemployed person, a dependant.

POSTINGE101 Certificate concerning the legislation applicable

E102 Extension of term of posting or of activity as a self-employed person

HEALTHCARE SECTORE103 Exercising the right of option

E104 Certificate concerning the aggregation of periods of insurance, employment or residence

E105 Certificate concerning the members of the family of an employed person or self-employed person to be taken into consideration for the calculation of cash benefits in the case of incapacity for work

E106 Certificate of entitlement to sickness and maternity insurance benefits in kind for persons residing in a country other than the competent country

E107 Application for a certificate of entitlement to benefits in kind

E108 Notification of suspension or withdrawal of the right to sickness and maternity insurance benefits in kind

E109 Certificate for the registration of members of the employed or self-employed person's family and the updating of lists

E110 Certificate concerning employed persons in international transport

E111 Certificate of entitlement to benefits in kind during a stay in a Member State

E112 Certificate concerning the retention of the right to sickness or maternity benefits currently being provided

E113 Hospitalisation: notification of entering and leaving hospital

E114 Granting of major benefits in kind

E115 Claim for cash benefits for incapacity for work

E116 Medical report relating to incapacity for work (sickness, maternity, accident at work, occupational disease)

E117 Granting of cash benefits in the case of maternity and incapacity for work

E118 Notification of non-recognition or of end of incapacity for work

E119 Certificate concerning the entitlement of unemployed persons and the members of their family to sickness and maternity insurance benefits

E120 Certificate of entitlement to benefits in kind for pension claimants and members of their family

E121 Certificate for the registration of pensioners and the updating of lists

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E122 Certificate for the granting of benefits in kind to members of the family of pensioners

E123 Certificate of entitlement to benefits in kind under insurance against accidents at work and occupational diseases

E124 Claim for death grant

E125 Individual record of actual expenditure

E126 Rates for refund of benefits in kind

E127 Individual record of monthly lump-sum payments

E128 Certificate of entitlement to necessary benefits in kind during a stay in a Member State

PENSIONS SECTORE201 Certificate concerning the aggregation of periods of insurance or periods of residence

E202 Investigation of a claim for an old-age pension

E203 Investigation of a claim for a survivor's pension

E204 Investigation of a claim for an invalidity pension

E205 Certificate concerning insurance history

E206 Certificate concerning periods of employment in mines and similar undertakings

E207 Information concerning the insured person's insurance history

E208 Determination of entitlement to pension

E209 Determination of pension amounts regarding the possible application of article 46 (3) of Regulation

E210 Notification of decision concerning a claim for pension

E211 Summary of decisions

E212 Appeals and periods allowed for appeals

E213 Detailed medical report

E214 Medical report concerning assessment of functional abilities and limitations

E215 Administrative report on the position of a pensioner

E501 Request for information on insurance history of a worker

E502 Notification of registration

E503 Request for information on insurance history of a worker

E504 Communication of insurance number of worker

E505 Certificate concerning the insurance history of a worker

E551 Notification of amendment

UNEMPLOYMENT SECTORE301 Certificate concerning the periods to be taken into account for the granting of unemployment

benefits E302 Certificate relating to members of the family of an unemployed person who must be taken

into account for the calculation of benefits

E303 Information for unemployed persons who intend to go to another Member State to seek employment

FAMILY BENEFITSE401 Certificate concerning composition of a family for the purpose of the granting of family

benefits

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E402 Certificate of continuation of studies for the purpose of the granting of family benefits

E403 Certificate of apprenticeship and/or vocational training for the purpose of the granting of family benefits

E404 Medical certificate for the purpose of the granting of family benefits

E405 Certificate concerning the aggregation of periods of insurance, employment or self-employment or concerning successive employment in several Member States, between the dates on which payment is due ...

E407 Medical certificate for the grant of a special family allowance or of increased family allowances for handicapped children

E408 Certificate of payment of family allowances in accordance with former articles 73(2) and 74(2) - F

E409 Certificate of payment or non-payment of benefits to self-employed persons

E411 Request for information on entitlement to family benefits in the Member States of residence of the members of the family

NON-CONTRIBUTORY BENEFITSE601 Request for information concerning the amount of income received in a Member State other

than the competent Member State