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EC threatens legal action against Czech Republic

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moroni
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EC threatens legal action against Czech Republic

Post by moroni » Fri Jan 27, 2012 8:05 am

Hi all,

I posted this yesterday in another topic:
European Commission threatens legal action against Czech Republic due to restrictions on free movement


The European Commission on Thursday threatened to take legal steps against the Czech Republic due to the restrictions it poses on the free movement of EU citizens. According to the commission, a current policy under which foreign EU nationals have to present a confirmation of accommodation to Czech authorities in order to establish temporary residence in the country is against the EU directive on free movement. Member states were ordered to implement this directive by April 2006. The Czech Republic has been given a two-month time frame to respond to the European Commission. Should it find the response unsatisfactory, the commission may take the case to the EU’s court, which could result in sanctions being posed on the Czech Republic.
Today we have the reply of the Ministry of Foreign Affairs, as follows
Foreign Ministry dismisses EC's criticism of restrictions on free movement

Prague/Brussels, Jan 26 (CTK) - The Czech Republic believes that its approach to foreign applicants for a Czech stay permit is not at odds with the EU's principle of the free movement of people, Foreign Ministry spokesman Vit Kolar told CTK in reaction to the EC's criticism yesterday.

The EC has threatened to file an action against the Czech Republic over its alleged failure to observe the free movement principle. Among others, the EC minds Prague asking foreign applicants for a residence permit to prove that they have ensured accommodation in the Czech Republic.

The EC says this is not in harmony with the free movement directive that all EU states were supposed to transpose in their legislation by April 2006.

One of the directive's goals is to prevent excessive administrative burdening of people.

Kolar said Prague believes its requirement is not at odds with the EU directive because permanent stay applications do not fall under the directive's jurisdiction.

"Even if we admitted that the directive does apply to the issue in question, it requires that every stay permit certificate include [the applicant's] address, which must therefore be provided [by him/her], which is how we understand [the directive]," Kolar said.

He said the required document confirming that the applicant has ensured accommodation in the Czech Republic "mainly serves to verify the given address."

Apart from the Czechs, another 11 states had problem with transposing the directive in their respective laws in the past. However, all except for Lithuania reacted to the EC's warnings by adjusting their laws accordingly.

The Czech Republic has two months to react to the EC's criticism. If Brussels finds Prague's response insufficient, it may hand the issue over to the European Court of Justice, which may impose sanctions on the Czechs.

This, however, happens only rarely on similar occasions.

Kolar said the court cannot impose a financial sanction on the Czech Republic. "It could do so only if the Czech Republic failed to respect a possible sentencing verdict," he said.

I thought the answer was going to be in that way.
I do not know how it works in another European countries, but here in the Czech Republic your "permanent address" is written in any kind of ID.
By the way, Kolar is wrong because this requirement does not only applies for the Permanent Residence but also for the so-called Temporary Residence.
I think that another trick Czech Republic could use is the fact that applying for Temporary Residence is not mandatory for EU Nationals, but only the first registration in the Foreign Police when arriving.

acme4242
Senior Member
Posts: 604
Joined: Tue Nov 18, 2008 12:03 pm

Post by acme4242 » Fri Jan 27, 2012 12:00 pm

The Czech Republic has two months to react to the EC's criticism. If Brussels finds Prague's response insufficient, it may hand the issue over to the European Court of Justice, which may impose sanctions on the Czechs.

This, however, happens only rarely on similar occasions.
Till now, I don't know of any sanctions taken for violations of 2004/38/EC.
against any member state.
All the Commission did was issue non-binding clarifications.

The Czech Republic have more violations than this.
http://ec.europa.eu/justice/doc_centre/ ... udy_en.pdf
b. Conformity problems and complete and accurate transposition

Requirements of Directive 2004/38 are not correctly transposed despite a series of transposition
measures adopted. This is especially the case for the most important requirements that are related to
the right of entry or residence of EU citizens and possibilities for its limitation. Union citizens are
required to present one document (proof of their accommodation in CZ for the time of their residence)
on top of the Directive’s requirements. The Czech law is even more ambiguous with regard to family
members where it talks about residence “permits” - a word evoking the permitting act of the
administrative authority prior to recognition of the right itself. This in fact leads to the situation where
the right is not recognised per se
. However, it is clear that the most important requirements of the
Directive in this regard are respected.

A major inconformity issue was found with regard to the lifting of criminal expulsion.

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