EU Charter Of Fundamental Rights

EU Charter Of Fundamental Rights

http://www.eucharter.org/home.php?page_id=121

JUSTICE commentaryFree movement of persons[1] within the Community, along with free movement of goods and capital, constitutes one of the fundamental objectives in building the Community, inherent in establishing a single market and in dismantling internal borders. Freedom of residence[2] is a logical extension of freedom of movement.

The freedom of movement and residence[3] was first granted to travellers and their families in the context of the European Economic Community and then progressively extended to other catogories of Community nationals. With the introduction of European citizenship, introduced into the second part of the EC Treaty by the Treaty of Maastricht in 1992,[4] the freedom of movement and of residence is in principle a right of European citizens, independent of considerations of economy or nationality.
Freedom of movement
Freedom of movement means that all Union citizens have the right to move and reside freely in the Member States. This freedom applies to:

· all EU nationals; [5]
· the family members of EU nationals.[6] One of the immediate benefits for EU nationals exercising their right of free movement is that they have the right to install their family members with them. The right to install family members exists irrespective of the nationality of the family member.
· Employees of National Companies. Companies registered in a Member State are entitled to exercise rights of establishment and provide services in other Member States. In doing so they are entitled to transport employees under the umbrella of their organisation. Those employees might be third country nationals previously employed in the Member State where the company is registered or in a third country outside of the Community.

As stated above, the right to free movement was orginally intended for workers[7] or those wishing to establish themselves or to provide and receive services within the Community, in other words the ‘’the economically active’’. But gradually free movement rights were extended to the econimcally inactive but self-sufficient such as students,[8] the self-sufficient[9] and the retired persons.[10]
Free movement of third country nationals
Article 45, paragraph 2 establishes the granting of freedom of movement and residence to nationals of third countries legally resident in a Member State.[11]

The heads of State or Government confirmed, subsequent to the extraordinary meeting of the European Council in Tampere in October 1999,[12] that third-country nationals must be guaranteed equal treatment as EU nationals within the EU. Third-country nationals will be given freedom of movement and residence and subsequently be treated in the same manner as EU citizens in the following situations: family reunification,[13] long-term residency,[14] freedom to travel for periods not exceeding three months and freedom to relocate for six months or to pursue employment or activities as self-employed persons.[15]

Long term residents,[16] for example, will have the freedom to move and reside if they are residing in the territory of a Member State legally and continuously for at least five years, regardless of the reasons for their original admission, and who have stable resources and health insurance covering the applicant’s needs. The long-term residence permit is valid for ten years and is renewable.

In the case of freedom of travel, third-country nationals will have the authorisation to move freely within the Schengen Area for periods not exceeding three months. The nationals concerned are those subject to visa requirements (freedom of movement on the Union territory for the period of validity of the visa), those who are exempt from the visa requirements (freedom of movement for three months), the holders of provisional residence permits, and holders of long-term visas waiting for residence permits.

The conditions for these nationals to exercise their right are:
to move freely within the EU territory for three months, over a six-month period;
to obtain specific travel authorisation for a six-month relocation over a twelve-month period, without staying longer in one Member State for longer than three months.
In these two cases, the persons concerned must have adequate resources to cover their residence costs, not be subject of a non-admission order, and not be a threat to the public order of a Member State.

There is some dispute over Ireland and Britain recognizing this E.U charter of Fundamental rights, which is part of the over all controversy over the E.U Treaty/Constitution.

limey wrote:EU Charter Of Fundamental Rights

http://www.eucharter.org/home.php?page_id=121

JUSTICE commentaryFree movement of persons[1] within the Community, along with free movement of goods and capital, constitutes one of the fundamental objectives in building the Community, inherent in establishing a single market and in dismantling internal borders. Freedom of residence[2] is a logical extension of freedom of movement.

The freedom of movement and residence[3] was first granted to travellers and their families in the context of the European Economic Community and then progressively extended to other catogories of Community nationals. With the introduction of European citizenship, introduced into the second part of the EC Treaty by the Treaty of Maastricht in 1992,[4] the freedom of movement and of residence is in principle a right of European citizens, independent of considerations of economy or nationality.
Freedom of movement
Freedom of movement means that all Union citizens have the right to move and reside freely in the Member States. This freedom applies to:

· all EU nationals; [5]
· the family members of EU nationals.[6] One of the immediate benefits for EU nationals exercising their right of free movement is that they have the right to install their family members with them. The right to install family members exists irrespective of the nationality of the family member.
· Employees of National Companies. Companies registered in a Member State are entitled to exercise rights of establishment and provide services in other Member States. In doing so they are entitled to transport employees under the umbrella of their organisation. Those employees might be third country nationals previously employed in the Member State where the company is registered or in a third country outside of the Community.

As stated above, the right to free movement was orginally intended for workers[7] or those wishing to establish themselves or to provide and receive services within the Community, in other words the ‘’the economically active’’. But gradually free movement rights were extended to the econimcally inactive but self-sufficient such as students,[8] the self-sufficient[9] and the retired persons.[10]
Free movement of third country nationals
Article 45, paragraph 2 establishes the granting of freedom of movement and residence to nationals of third countries legally resident in a Member State.[11]

The heads of State or Government confirmed, subsequent to the extraordinary meeting of the European Council in Tampere in October 1999,[12] that third-country nationals must be guaranteed equal treatment as EU nationals within the EU. Third-country nationals will be given freedom of movement and residence and subsequently be treated in the same manner as EU citizens in the following situations: family reunification,[13] long-term residency,[14] freedom to travel for periods not exceeding three months and freedom to relocate for six months or to pursue employment or activities as self-employed persons.[15]

Long term residents,[16] for example, will have the freedom to move and reside if they are residing in the territory of a Member State legally and continuously for at least five years, regardless of the reasons for their original admission, and who have stable resources and health insurance covering the applicant’s needs. The long-term residence permit is valid for ten years and is renewable.

In the case of freedom of travel, third-country nationals will have the authorisation to move freely within the Schengen Area for periods not exceeding three months. The nationals concerned are those subject to visa requirements (freedom of movement on the Union territory for the period of validity of the visa), those who are exempt from the visa requirements (freedom of movement for three months), the holders of provisional residence permits, and holders of long-term visas waiting for residence permits.

The conditions for these nationals to exercise their right are:
to move freely within the EU territory for three months, over a six-month period;
to obtain specific travel authorisation for a six-month relocation over a twelve-month period, without staying longer in one Member State for longer than three months.
In these two cases, the persons concerned must have adequate resources to cover their residence costs, not be subject of a non-admission order, and not be a threat to the public order of a Member State.

you might be aware of this already but the uk and ireland were allowed to opt out of the Schengen agreement. i think denmark did also.

archigabe wrote:There is some dispute over Ireland and Britain recognizing this E.U charter of Fundamental rights, which is part of the over all controversy over the E.U Treaty/Constitution.

the draft of the constitution was fianlised during ireland's presidency of the eu in 2004. in that draft which was put to france and holland, was this charter. ireeland at the time was very much in favour of it.

bertie, does not dispute the charter. at the time, he got legal experts to look into the impications of the charter to see what may happen if britain pulled out. he did not ask for a similar opt out option. the reason for looking closley is because of the two countires sharing the same legal system - common law as oppose to the civil system of other eu countires and similar justice polices, and the fact that the uk and ireland are islands which are isloated from mainland europe.

bertie appearred in favour of the treaty by qouting something along the lines of when you take out the symbols of the eu flag and national anthem and the polish concessions of voting, and scrapping of high justice minister for the eu, the text of the constitution is 90% of what is contained in the treaty

trade unions in ireland, who, have a very big influence and say in irish poltics (david biggs) notified the government that if the charter was not included as part of the text in the treaty, they would urge their members and people to vote no in the referendum for the treaty. the charter is needed by all eu citizens to unsure that governments ensure the rights of their people.

''Ireland speculates on Ahern becoming EU president''

http://euobserver.com/9/24634/?rk=1

How's that for Irony?

archigabe wrote:''Ireland speculates on Ahern becoming EU president''

http://euobserver.com/9/24634/?rk=1

How's that for Irony?

if berti ever becomes the eu prsident. if you ever wants a job in the eu commission then just make sure you have some cash ready and give it over as a gift!!!!!!!