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That is an excellent idea. I think you should also point out that the legal situation is tricky, because each country has implemented the directive in a slightly different way. The UK for example has the law written in such a way that it excludes residence cards not issued in the UK, although I believe that this error is mitigated in the application of the law.ca.funke wrote:I want to file a petition with the European parliament to help enforcing rights guaranteed as per 2004/38/EC.
This is for EU-citizens and their family-members who live inside the EU, and want to travel throughout the EU.
I would be careful on the wording. This makes it sound as if the they are neglecting the rights of the non-EU spouse. If you are going to do this, you will have to emphasise the neglect of the EU spouse. It's the rights of the EU-national being neglected. Just be sure to emphasise that it is the right of the EU-national and that s/he should be able to take his/her family with them whenever and wherever s/he travels within the EU.I would like to draw your attention to the practical difficulties family-members of EU-citizens face when exercising their rights of free movement, as guaranteed by the mentioned Directive.
Hi AxeZ,AxeZ wrote:I would like to know what about EU citizens NOT living on the territory of the EU and their non EU spouses?
I believe there are lot of such examples, mine first!
Is it possible to add family members of the EU citizens regardless of where they live if they can prove their relationship off course, with wedding certificate or such?
I will keep my petition limited to the acceptance of residence-cards, as the law already requires.See Article 3, Section 1 of 2004/38/EC:
Beneficiaries
This Directive shall apply to all Union citizens who move
to or reside in a Member State other than that of which they
are a national, and to their family members as defined in point
2 of Article 2 who accompany or join them.
That's unfortunately the nature of directives, as they may be transposed into national law.thsths wrote:I think you should also point out that the legal situation is tricky, because each country has implemented the directive in a slightly different way.
I know this is the case, and in this regard I lodged a separate complaint with the commission.thsths wrote:The UK for example has the law written in such a way that it excludes residence cards not issued in the UK, although I believe that this error is mitigated in the application of the law.
That's nice from the Italians. As a result they will not suffer from (unfortunately legal) native's-discrimination, as do all other European nations than I am aware of.Richard66 wrote:Also, Italy considers family members of Italians and of EU citizens as identical in rights. The transposition of the Directive actually says so, when it states that "this law applies to family members of Italians when it is more favourable than the laws that apply to family members of Italians".
ca.funke wrote:Hi all,
I want to file a petition with the European parliament ..... Who would be willing to sign this?
AxeZ wrote:I would like to know what about EU citizens NOT living on the territory of the EU and their non EU spouses?
I believe there are lot of such examples, mine first!
Is it possible to add family members of the EU citizens regardless of where they live if they can prove their relationship off course, with wedding certificate or such?
I GUESS this refers to EU / non-EU relations of all descriptions, where all affected LIVE outside the EU and want to come to the EU for VISITS, where the non-EU part is not visa-freestmellon wrote:...I'm not entirely clear on what you are asking for here...AxeZ wrote:I would like to know what about EU citizens NOT living on the territory of the EU and their non EU spouses?
I believe there are lot of such examples, mine first!
Is it possible to add family members of the EU citizens regardless of where they live if they can prove their relationship off course, with wedding certificate or such?
Is "move to" only applicable for people setting up shop permanently, or do you "move to" a place for holidays?Article 3
Beneficiaries
1. This Directive shall apply to all Union citizens who move
to or reside in a Member State other than that of which they
are a national, and to their family members as defined in point
2 of Article 2 who accompany or join them.
eerrgghh no.SoloOl wrote:Hello all! I've just read a petition - great job!! Many thanks! As fare as I understood it was me who traveled to Spain:)) - yes, it was exactly like this plus lot's of "shit" (sorry) - I was treated like a terrorist (please read my other topics).
From my side there are no good news: European Commission and Solvit are still trying to decide who should deal with everything that had happened, and keep sending me to each other. EasyJet said that they don't care so no even a refund for the tickets! And also, I didn't tell you that they changed my flight to come back for my deportation with out even informing me about it.