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CWB - The study (English)

the application of freedom of movement and residence rights contained in the 2004/38/EC Directive

This study is the result of research conducted from December 2012 to May 2013 by the project “Citizens Without Borders” on the application of freedom of movement and residence rights contained in the 2004/38/EC Directive (hereinafter also referred to as the “Directive”) in five European Union countries. The premise of the research was the alarming awareness shared by the project partners that in many Member States, European citizens’ right to free movement and residence was not fully observed despite the formal transposition of the Directive. Research carried out in the Czech Republic, France, Italy, Spain and Romania relies upon diverse data sources such as official national documents and reports released by public entities as well as non-profit organizations; interviews with legal practitioners, experts in the field, local administration officials, officers of police departments, officers of the Ministry of the Interior and members of NGOs. All data collected in this manner has been compared with and integrated by an essential source of information, namely European citizen witnesses, drawn from the requests for help, claims and complaints addressed to partner organisations’ help-desks.1
Interviews and questionnaires have followed a common grid and have dealt with all aspects of the Directive, their aim being to inquire into the gap existing between national legal provisions for the Directive’s transposition and their concrete enforcement. The findings brought out information which is useful in understanding a) what concrete factors are responsible for this gap; b) what the key subjects are responsible for it; c) what good practices allow for a real application of some of the rights regulated by the Directive.
After a general overview of the transposition process and an introduction on the most relevant aspects of the Directive which are considered as problematic, the central part of the publication offers a “photograph” of the present situation in the countries involved in the Citizens Without Borders project, highlighting those areas where practical obstacles prevent EU citizens and their family members from the full attainment of freedom of movement and residence rights, as well as the groups of EU citizens most affected by these impediments.
The final chapter aims to connect research findings with Citizens Without Borders’ future actions, in the attempt to draw up concrete paths for the enforcement of EU citizens’ rights. For this reason the chapter provides some specific recommendations arising from the exchange of positive procedures existing in a few countries.
This study is mainly addressed to policy makers and public authorities, since raising their concern and understanding about the situation on the ground is the basis for action resulting in positive change.

CWB - The study (English)

[ 6 December 2013 ]