EU freedom of movement and residence

 

SUMMARY OF:

Directive 2004/38/EC on the right of EU citizens and their families to move and reside freely within the EU

WHAT IS THE AIM OF THE DIRECTIVE?

It:

KEY POINTS

EU citizens with a valid identity card or passport may:

In addition

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 30 April 2004 and had to become law in the EU countries by 30 April 2006.

BACKGROUND

For more information, see:

KEY TERMS

EU citizen: anyone having the nationality of an EU country.
Family member: this covers, for instance, the spouse, a partner in a registered partnership with an EU citizen and direct descendants under the age of 21.

MAIN DOCUMENT

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, pp. 77–123). Text republished in corrigendum (OJ L 229, 29.6.2004, pp. 35-48)

Successive amendments to Directive 2004/38/EC have been incorporated into the original document. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, pp. 8-14)

Communication from the Commission to the European Parliament and the Council on guidance for better transposition and application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (COM(2009) 313 final of 2 July 2009)

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Free movement of EU citizens and their families: Five actions to make a difference (COM (2013) 837 final of 25 November 2013)

Communication from the Commission to the European Parliament and the Council — Helping national authorities fight abuses of the right to free movement: Handbook on addressing the issue of alleged marriages of convenience between EU citizens and non-EU nationals in the context of EU law on free movement of EU citizens (COM(2014) 604 final of 26 September 2014)

last update 24.09.2015