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Netherlands Implementation of the Directive

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instantaccess
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Netherlands Implementation of the Directive

Post by instantaccess » Wed Sep 29, 2010 3:14 pm

Hi guys,

Firstly I would like to thanks anybody and everybody here who has been sharing tonnes of information here.

I have been doing a lot of research on this forum and being a new member its hard to go through thousands of posts to look for the information you need. So if anybody has links to my question pls help.
I am looking for
Netherlands Implementation of EU directive for freedom of movement

also does anyone have a link to a legislation on the communication between the EU embassies and the time frames?

thanks.

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

Post by acme4242 » Wed Sep 29, 2010 4:11 pm

Here is the Netherlands 2004/38/EC conformity study download >here< (rename as PDF)
http://2004-38-ec.posterous.com/16361367
Netherlands 2004/38/EC conformity study wrote: 2. Introduction to the main particularities of the legal system of the Member State relating
to the transposition of Directive 2004/38/EC

Directive 2004/38/EC has been transposed in the Netherlands by means of several instruments. The
main instruments transposing the rules of the Directive are the Vreemdelingenwet 2000 (Aliens Act
2000) and the Vreemdelingenbesluit 2000 (Aliens Decree 2000). Other, mainly practical aspects have
been regulated in the Voorschrift Vreemdelingen 2000 (Aliens Regulation 2000). Some issues have
been transposed in the Passport Act. Furthermore, there is an Aliens Circular. However, this Circular
is not meant to transpose the Directive into national law, but serves as a practical manual for the civil
servant practitioner. References to this Aliens Circular have been made in the ToC in some instances.
Finally, there is the General Administrative Law Act (GALA). It contains the codified rules developed
in Dutch jurisprudence with regard to the way in which the administration is to operate vis-à-vis
citizens. At times, provisions in GALA are claimed to be transposing parts of Directive 2004/38.

It can be noted that Dutch law does not regulate the position of EU citizens and their family in a
separate act, or in a separate chapter of its national act on aliens, but intertwined with the rules
applicable to aliens in general. As a consequence, the rules applicable to EU aliens often seem to form
exceptions to the general rules on aliens.

The Minister for Justice is politically responsible for the execution of the Aliens Act, the Aliens
Decree and the relevant regulations. This implies that the Minister can be summoned by the second
Chamber to provide information and to answer questions. Applications from foreign nationals are
dealt with by the Immigration and Naturalisation Service (IND), the executive wing of the Ministry of
Justice.
:
:
ANNEX II: List of relevant national legislation and administrative acts

1. Aliens Act (Vreemdelingenwet) 2000
2. Aliens Decree (Vreemdelingenbesluit) 2000
3. Aliens Regulations (Voorschrift Vreemdelingen) 2000
4. Aliens Circular (Vreemdelingencirculaire)
5. Compulsory Identification Act (Wet op de identificatieplicht)
6. Constitution of the Kingdom of the Netherlands (Grondwet voor het Koninkrijk der Nederlanden)
7. Consular Fees Regulations (Regeling op de consulaire tarieven)
8. Criminal Code (Wetboek van Strafrecht)
9. Equal Treatment Act (Algemene wet gelijke behandeling)
10. Fees and Educational Expenses (Allowances) Act (Wet tegemoetkoming onderwijsbijdrage en schoolkosten)
11. Foreign Nationals Employment Act (Wet arbeid vreemdelingen)
12. General Administrative Law Act (Algemene wet bestuursrecht)
13. Implementation and Delegation Decree, Annex to the Foreign Nationals Employment Act (Delegatie- en
Uitvoeringsbesluit Wet arbeid vreemdelingen)
14. Passport Act (Paspoortwet)
15. Registered Partnership (Conflict of Laws) Act (Wet conflictenrecht geregistreerd partnerschap)
16. Student Finance Act (Wet studiefinanciering)
17. Work and Social Assistance Act (Wet werk en bijstand)
Dutch Law, is this it ? I googled Vreemdelingenwet 2000
http://www.st-ab.nl/wetten/0345_Vreemde ... w_2000.htm

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