Keywords
Summary

Keywords

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1. Freedom of movement for persons - Right of entry and residence of nationals of Member States - Right conferred directly by the Treaty - Denial of recognition by the host Member State based on the absence of affiliation to the national social security scheme - Not permissible

(EEC Treaty, Arts 48, 52 and 59; Council Directives 68/360, Art. 4, and 73/148, Art. 6)

2. Freedom of movement for persons - Right of entry and residence of nationals of Member States - Issue of residence permit - Conditions - Requirement of prior registration in the national social security scheme - Not permissible

(Council Directives 68/360, Art. 4, and 73/148, Art. 6)

3. Freedom of movement for persons - Right of entry and residence of nationals of Member States - Issue of residence permit - Conditions - Pursuit of an economic activity - Classification according to the distinction between activities as an employed person and as a self-employed person - Irrelevance

(EEC Treaty, Arts 48 and 52)

4. Freedom of movement for persons - Right of entry and residence of nationals of Member States - Issue of residence permit - Refusal based on non-compliance with national social security rules - Not permissible

(Council Directives 64/221, 68/360 and 73/148)

Summary

1. The right of residence is a right conferred directly by the Treaty and is subject only to the carrying on of an economic activity within the meaning of Articles 48, 52 or 59 of the Treaty.

Accordingly, prior registration of a national of a Member State of the Community with a social security scheme established by the legislation of the host State cannot be imposed as a condition for obtaining the right of residence or for the issue of a corresponding residence permit, and registration with one social security scheme rather than another may justify neither a refusal to issue a residence permit nor a deportation order.

2. Article 4 of Directive 68/360 and Article 6 of Directive 73/148 preclude Member States from accepting only prior registration with a social security scheme as proof that the person concerned comes within one of the classes of persons entitled to freedom of movement for persons, and must therefore be issued with a residence permit.

3. Member States are obliged to issue a residence permit to a national of another Member State where it is not disputed that he is carrying on an economic activity, without there being any need in that respect to classify that activity as employment or activity as a self-employed person.

4. The issue of the residence permit recording the existence of a right conferred and guaranteed by the Treaty itself is of a declaratory nature only, and may be made subject only to the conditions expressly provided for by the applicable Community rules.

Accordingly, Member States are not permitted under Community rules on freedom of movement for persons to refuse to issue a residence permit to a Community national on the ground that he is not carrying on his activity in conformity with the social legislation in force.