vasiletina
25-10-2006, 17:20
ROMANIAN COMMUNITY OF IRELAND
19 Belvedere Place
Dublin 1
And
ROMANIAN SOCIETY OF IRELAND
Meath Street
Dublin 8
MEMORANDUM OF OPPOSITION
TO RESTRICTIONS IMPOSED
ON THE LABOUR MARKET BY IRELAND
TO ROMANIAN NATIONALS AFTER ROMANIA’S EU
ACCESSION IN 01 JANUARY 2007
Dublin 26 October 2006
PRESENTATION OF EUROPEAN COMMON LAW
Chapter 1. European citizenship (European Union)
Every person holding a nationality of a Member State is a citizen of the Union. A citizenship of the Union was established by the Maastricht Treaty in 1992. It is included in Part Two (Articles 17–22) of the EC Treaty. The EU citizenship complements national citizenship of the Member States and does not replace it. Citizens of the Union enjoy rights conferred by the Treaty and they are subject to duties imposed thereby.
The importance of citizenship of the Union lies in the fact that the citizens of the Union have genuine rights under Community law. The core rights conferred by citizenship under Part Two of the EC Treaty are:
· freedom of movement and the right of residence within the territory of the Member States;
· right to vote and stand as a candidate at elections to the European Parliament and at municipal elections in the Member State of residence;
· right to diplomatic and consular protection;
· right of petition to the European Parliament;
· right to refer to the Ombudsman.
Nationality of the Member States
The citizenship of the Union does not replace the national citizenship, but a nationality of Member States is entirely a matter for the Member States concerned, as the Declaration on nationality of a Member State appended to the Treaty of Maastricht confirms. It is therefore for each Member State, having due regard to the Community law, to lay down the conditions for acquisition and loss of nationality. The European Union does not have any competencies in that regard.
Regardless of your place of residence, as a European Union worker you are entitled to take up an activity as an employed person in any Member State under the same conditions as nationals. Equal treatment applies to all conditions governing employment and work (e.g. remuneration, dismissal, occupational reintegration or re-employment after being unemployed).
The principle of equal treatment in access to employment implies that you have the same priority as nationals for access to employment in any Member State. This means that national provisions limiting the number or percentage of foreigners who may be employed do not apply to you.
Consequently, when in a Member State the granting of any benefit to enterprises is subject to a minimum percentage of national workers, you are regarded as a national worker”.
In addition, EC law states that any clause of a collective or individual agreement or of any other collective regulation concerning eligibility for employment, employment, remuneration and other conditions of work or dismissal shall be null and void in so far as it lays down or authorises discriminatory conditions in respect of workers who are nationals of other Member States.”
EU and EEA citizens are exempt from requirements concerning visas, passports and medical checks when entering another EU Member State. An identity card allows the holder to enter freely and to move around for three months, which is useful if you find temporary work or are seeking employment.
EU and EEA citizens do not need a work permit.
They may exercise the occupational activity of their choice.
However, as soon as they have found work and no later than three months after arriving, they must apply for a "residence permit for a national of an EU Member State". It is valid for five years and automatically renewable.
Chapter 2. Equal treatment (European Union)
Non-discrimination in comparison to nationals
As a rule, the social security legislation of the country in which you are insured entitles you to have the same rights and obligations as nationals of that country. This means, in particular, that your claim for benefit may not be rejected for the sole reason that you are not a national of that State.
You may always invoke the principle of equality of treatment.
As the Court of Justice of the European Communities has decided, this applies not only to forms of "direct" discrimination but also to all forms of hidden ("indirect") discrimination where, in theory, a provision of national legislation applies equally to nationals and foreigners, but, in practice, is found to be disadvantageous for foreigners.
It may sometimes be difficult to determine whether a given provision constitutes "hidden" discrimination. Is your right to ask for more detailed information when you feel that the national legislation discriminates your rights.
In many cases, the principle of equal treatment is not sufficient to protect migrant workers if they or members of their families reside outside the State under whose legislation they are insured, or if the worker in question has a "broken" insurance record completed under the legislations of two or more States. There are special provisions for cases such as these, which are dealt with in Sections below.
According to the Community provisions on social security, you have the same entitlement as the nationals of the State in which you are insured to elect members of social security institutions or to participate in their nomination. Whether you are also eligible to be a member of those bodies depends, however, on national legislation.
Finally, you should not forget your obligations under the legislation of the State in which you are insured. This applies in the first place to the obligation to pay social insurance contributions but also to all other obligations to which the nationals of that State are subject.
With regard to discrimination against one's own nationals
This is not prohibited by Community regulations except where the person concerned is protected by the latter because he has exercised his right on free movement.
REFERENCES
The Community provisions on social security "Your rights when moving within the European Union" - European Commission, Directorate-General for Employment and Social Affairs, Office for Official Publications of the European Communities, 2000.
When do workers qualify for social advantages?
Eligibility for welfare benefits is conditional on worker status. To be considered as a "worker" within the meaning of Community law, the individual concerned must meet the following three criteria: he must
· undertake genuine and effective work,
· under the direction or orders of another person,
· in return for which he receives remuneration.
The term "worker" therefore has a Community meaning and cannot be determined by criteria laid down in national legislation.
Do family members qualify for equal treatment?
Court of Justice case-law has consistently held that the principle of equal treatment also applies to members of the worker's family, including after his death, in so far as the rights in question are granted in comparable situations to the members of a national worker's family
Chapter 3. Free movement and recognition of qualifications
The free movement of persons and services is a fundamental principle of the European Community. One of its advantages for Community nationals is the freedom to pursue an occupation, on a self-employed or employed basis, in a Member State other than the one in which they acquired their professional qualifications. In addition, a system has been put in place at European level facilitating the recognition of diplomas and professional qualifications by virtue of which individuals can pursue a specific occupation.
Sectoral Directives have been adopted for a small number of professions: architect, midwife, pharmacist, doctor, nurse, dentist and veterinary surgeon. These Directives provide for a system of automatic recognition of diplomas.
For other regulated professions, and depending on the level of post-secondary training attested by the diploma, professional qualifications are recognised in accordance with a general recognition system which is laid down in two general Directives (89/48/EEC and 92/51/EEC), as amended by Directive 2001/19/EC. A third Directive (99/42/EC) applies similar principles to certain regulated professions the exercise of which in another Member State is subject to the requirement of professional experience.
As an EU citizen, you and your family have the right to enter any other EU country with only a valid ID card or a valid passport. Ensure that all your family members have identification documents. Members of your family are considered to be your spouse, children under 21 (or dependent on you), as well as your parents and your spouse’s parents, if they are also dependent on you.
If some of your family members are third-country nationals, ensure that you have requested a visa for them.
For a stay longer than three months in the host country, you must apply within a period of thirty days after the entrance date in the host EU country for a residence card (at the relevant police station or foreigners’ office). Not all EU countries require this residence card and your right to reside does not derive from this card. However, it is recommended since you will be requested to present it when completing basic formalities such as opening a resident bank account, buying a car, etc. To obtain a residence permit for members of your family, proof of kinship with them is usually required (marriage certificate, etc.).
As a worker, you will be issued with a residence card by simply presenting an identity document (passport or ID) and proof of employment or self-employment.
As a retired person having worked in another EU country, you have the right to remain in the host country as long as you can prove that you are covered by a sickness insurance policy and that you have sufficient financial resources.
As a student, you have to prove that you have enough financial resources to study in the host country (by means of a declaration or by such alternative means as you may choose that are at least equivalent). You must also be enrolled at a recognised establishment for the principal purpose of following a vocational training course and you must have health insurance covering all risks in the host country.
When establishing that you have sufficient financial resources and sickness insurance, this must cover all your family members who are not yet independent.
Chapter 4. Social Security
Temporary stays abroad – Less than 3 months
If you become ill or injured when on a temporary stay abroad, the form E111 or the European Health insurance Card will give you access to medical care which is necessary with regard to your state of health (for instance, if you break your leg, have an accident or fell suddenly ill) and with regard to the expected length of your stay. It does not matter if you are abroad as a tourist, or whether your journey is for work-related or private reasons. Without this form and other forms/or the card, you will have to pay for the treatment and will be reimbursed only after you return to the country where you are insured. Also, E111 is not designed for programmed health care.
Stay of more than 3 months in the host country
When arriving in the host country, you should register with the local social security insurance in order to get access to sickness and other social security benefits. You will be entitled to all benefits in kind provided under the law of the host country. These benefits comprise medical and dental care, medicines and hospitalisation, as well as direct payments intended to reimburse the costs of these. As a general rule, they are provided according to the legislation of the host country as if you were insured in this country. This may or may not be to your advantage in comparison with the legislation of your country of origin.
Unemployment benefits
You should present the relevant E-form to the services in the host country in which you are seeking work, so that your benefits may be paid within a reasonable period of time.
Chapter 5. You are a jobseeker (European Union)
Your rights
If you are looking for employment in the territory of a Member State, you are entitled to stay for a period of six months. This period may be extended if you can prove that you are still looking for a job and that it is likely that you may find one. 1
For a period not exceeding three months, and subject to certain conditions, the Member State of origin provides unemployment benefits to any individual who has gone to another Member State to look for work (see factsheet "Unemployment benefits").
You may use the services of government job centres, which must provide you with the same help as is given to nationals of the host Member State who are looking for a job.
1 Judgement of the Court of Justice of the European Communitiesnnes of 26.02.1991, case C-292/89 Antonissen.
You are self-employed professional or services provider or recipient of services (European Union)
If you are a free-lance professional (a musician, a translator, a computer programmer, an artist, etc.) you are entitled to freely move and stay in another EU country until 3 months from the day of your first arrival therein. There is no specific requirement for you and the members of your family at your charge (your spouse, your children....) except holding your valid passport and your valid identity card with you in case of control.
Yet, some Member States can demand you show up in the local station of police within a certain deadline, as this provision is still applicable according to Article 4 of Directive 73/148/EEC. For this aspect, please contact local authorities (through the Consulate or the Embassy) before going to that country.
After 3 months of continuous staying in the same EU Member State, other than your motherland, you and the family members accompanying you can apply for a residence card covering your staying “as long as your independent activity is carried” inside that Member State.
You Are A Recipient Of Services
If you travel as a tourist or if you need to stay in a certain EU Member State for receiving a service (for example a medical treatment in a hospital): up to 3 months of staying in the same country, you and the family member accompanying you only need to have a valid passport or a valid identity card (either issued by you motherland, that is a EU Member State) with you.
Yet, some Member States can demand you show up in the local station of police within a certain deadline, as this provision is still applicable according to Article 4 of Directive 73/148/EEC. For this aspect, please contact local authorities (through the Consulate or that Embassy) before you go to that country.
After 3 months of continuous staying in the same EU Member State, other than your motherland, you and the family members accompanying you can apply for a residence card covering your staying “as long as you are a recipient of services” (this legal wording simply means during your tourist journey or during your staying in the hospital of that country) inside that Member State.
Chapter 6. Your Employment Rights
You may start work without a work permit on arrival in the Member State of destination.
If you are in salaried employment for more than three months, you must apply for a residence permit. If you work for less than a year, the validity of your residence permit may be limited to the duration of your job.
If you fail to do this, you may be subject to a fine, but on no account may you be sent to prison or deported ("Sagulo" 8/77 and "Pieck" 157/79 cases).
You may nevertheless start working before applying for a residence permit.
If you plan to stay for more than three months in the Member State of destination, you are generally required to apply for a residence permit within three months after arriving.
When applying for a residence permit, you must submit a valid passport or identity card, three passport photos and a certificate of employment or confirmation from your employer that you have been hired.
Those in salaried employment may in no circumstances be asked to provide evidence of their resources.
Chapter 7. You are the worker (European Union)
Protection Provided By Community Law
As a citizen of a Member State of the European Union, you have the right to enter any other EU country without having to comply with special formalities. All you need is a valid passport or identity card.
Your right to travel may be restricted only for reasons of public order, public safety or public health. It does not depend on your situation; whether you are travelling for professional or private reasons, whether you are working in an employed or self-employed capacity, or whether you are simply a tourist, you have the right to travel anywhere in the European Union.
If your stay in another EU Member State is for three months or less, you do not need to apply for a residence permit.
However, even when your stay in that country does not exceed three months, each Member State is at liberty to require people who are subject to Community law to notify the authorities of their presence.
What You Need To Know
You do not require an entry visa.
Immigration officers may not:
· affix a stamp on your identity document on arrival authorising you to enter the national territory;
· ask you to furnish proof of means to support yourself;
· ask you how much money you have to spend;
· ask you questions regarding the purpose and duration of your trip.
Immigration officers are entitled to check the validity of your identity document when you cross the border. Note that in the "Schengen area" border checks are no longer carried out at every border crossing point. The only checks now made are spot checks, although these may take place anywhere on the territory of the country. They involve checking that the person to whom the identity card/passport was issued is the same as the person presenting it at the border.
This check must of course respect the basic rights and human dignity of the person concerned.
REFERENCES
· Directive 68/360/EEC, Official Journal L 257, 19.10.1968.
· Directive 64/221/EEC, Official Journal No 56, 4.4.1964.
Chapter 8. Members of the workers family who are nationals of a Member State (European Union)
Your rights
You may enter any Member State if you possess a valid identity card or passport.
What you should know
No entry visa is required.
Immigration officers may not:
· affix a stamp on your identity document on arrival authorising you to enter the national territory;
· ask you to furnish proof of means of subsistence;
· ask you questions regarding the purpose and the duration of your journey.
REFERENCES
· Directive 68/360/EEC, OJ L 257, 19.10.19
19 Belvedere Place
Dublin 1
And
ROMANIAN SOCIETY OF IRELAND
Meath Street
Dublin 8
MEMORANDUM OF OPPOSITION
TO RESTRICTIONS IMPOSED
ON THE LABOUR MARKET BY IRELAND
TO ROMANIAN NATIONALS AFTER ROMANIA’S EU
ACCESSION IN 01 JANUARY 2007
Dublin 26 October 2006
PRESENTATION OF EUROPEAN COMMON LAW
Chapter 1. European citizenship (European Union)
Every person holding a nationality of a Member State is a citizen of the Union. A citizenship of the Union was established by the Maastricht Treaty in 1992. It is included in Part Two (Articles 17–22) of the EC Treaty. The EU citizenship complements national citizenship of the Member States and does not replace it. Citizens of the Union enjoy rights conferred by the Treaty and they are subject to duties imposed thereby.
The importance of citizenship of the Union lies in the fact that the citizens of the Union have genuine rights under Community law. The core rights conferred by citizenship under Part Two of the EC Treaty are:
· freedom of movement and the right of residence within the territory of the Member States;
· right to vote and stand as a candidate at elections to the European Parliament and at municipal elections in the Member State of residence;
· right to diplomatic and consular protection;
· right of petition to the European Parliament;
· right to refer to the Ombudsman.
Nationality of the Member States
The citizenship of the Union does not replace the national citizenship, but a nationality of Member States is entirely a matter for the Member States concerned, as the Declaration on nationality of a Member State appended to the Treaty of Maastricht confirms. It is therefore for each Member State, having due regard to the Community law, to lay down the conditions for acquisition and loss of nationality. The European Union does not have any competencies in that regard.
Regardless of your place of residence, as a European Union worker you are entitled to take up an activity as an employed person in any Member State under the same conditions as nationals. Equal treatment applies to all conditions governing employment and work (e.g. remuneration, dismissal, occupational reintegration or re-employment after being unemployed).
The principle of equal treatment in access to employment implies that you have the same priority as nationals for access to employment in any Member State. This means that national provisions limiting the number or percentage of foreigners who may be employed do not apply to you.
Consequently, when in a Member State the granting of any benefit to enterprises is subject to a minimum percentage of national workers, you are regarded as a national worker”.
In addition, EC law states that any clause of a collective or individual agreement or of any other collective regulation concerning eligibility for employment, employment, remuneration and other conditions of work or dismissal shall be null and void in so far as it lays down or authorises discriminatory conditions in respect of workers who are nationals of other Member States.”
EU and EEA citizens are exempt from requirements concerning visas, passports and medical checks when entering another EU Member State. An identity card allows the holder to enter freely and to move around for three months, which is useful if you find temporary work or are seeking employment.
EU and EEA citizens do not need a work permit.
They may exercise the occupational activity of their choice.
However, as soon as they have found work and no later than three months after arriving, they must apply for a "residence permit for a national of an EU Member State". It is valid for five years and automatically renewable.
Chapter 2. Equal treatment (European Union)
Non-discrimination in comparison to nationals
As a rule, the social security legislation of the country in which you are insured entitles you to have the same rights and obligations as nationals of that country. This means, in particular, that your claim for benefit may not be rejected for the sole reason that you are not a national of that State.
You may always invoke the principle of equality of treatment.
As the Court of Justice of the European Communities has decided, this applies not only to forms of "direct" discrimination but also to all forms of hidden ("indirect") discrimination where, in theory, a provision of national legislation applies equally to nationals and foreigners, but, in practice, is found to be disadvantageous for foreigners.
It may sometimes be difficult to determine whether a given provision constitutes "hidden" discrimination. Is your right to ask for more detailed information when you feel that the national legislation discriminates your rights.
In many cases, the principle of equal treatment is not sufficient to protect migrant workers if they or members of their families reside outside the State under whose legislation they are insured, or if the worker in question has a "broken" insurance record completed under the legislations of two or more States. There are special provisions for cases such as these, which are dealt with in Sections below.
According to the Community provisions on social security, you have the same entitlement as the nationals of the State in which you are insured to elect members of social security institutions or to participate in their nomination. Whether you are also eligible to be a member of those bodies depends, however, on national legislation.
Finally, you should not forget your obligations under the legislation of the State in which you are insured. This applies in the first place to the obligation to pay social insurance contributions but also to all other obligations to which the nationals of that State are subject.
With regard to discrimination against one's own nationals
This is not prohibited by Community regulations except where the person concerned is protected by the latter because he has exercised his right on free movement.
REFERENCES
The Community provisions on social security "Your rights when moving within the European Union" - European Commission, Directorate-General for Employment and Social Affairs, Office for Official Publications of the European Communities, 2000.
When do workers qualify for social advantages?
Eligibility for welfare benefits is conditional on worker status. To be considered as a "worker" within the meaning of Community law, the individual concerned must meet the following three criteria: he must
· undertake genuine and effective work,
· under the direction or orders of another person,
· in return for which he receives remuneration.
The term "worker" therefore has a Community meaning and cannot be determined by criteria laid down in national legislation.
Do family members qualify for equal treatment?
Court of Justice case-law has consistently held that the principle of equal treatment also applies to members of the worker's family, including after his death, in so far as the rights in question are granted in comparable situations to the members of a national worker's family
Chapter 3. Free movement and recognition of qualifications
The free movement of persons and services is a fundamental principle of the European Community. One of its advantages for Community nationals is the freedom to pursue an occupation, on a self-employed or employed basis, in a Member State other than the one in which they acquired their professional qualifications. In addition, a system has been put in place at European level facilitating the recognition of diplomas and professional qualifications by virtue of which individuals can pursue a specific occupation.
Sectoral Directives have been adopted for a small number of professions: architect, midwife, pharmacist, doctor, nurse, dentist and veterinary surgeon. These Directives provide for a system of automatic recognition of diplomas.
For other regulated professions, and depending on the level of post-secondary training attested by the diploma, professional qualifications are recognised in accordance with a general recognition system which is laid down in two general Directives (89/48/EEC and 92/51/EEC), as amended by Directive 2001/19/EC. A third Directive (99/42/EC) applies similar principles to certain regulated professions the exercise of which in another Member State is subject to the requirement of professional experience.
As an EU citizen, you and your family have the right to enter any other EU country with only a valid ID card or a valid passport. Ensure that all your family members have identification documents. Members of your family are considered to be your spouse, children under 21 (or dependent on you), as well as your parents and your spouse’s parents, if they are also dependent on you.
If some of your family members are third-country nationals, ensure that you have requested a visa for them.
For a stay longer than three months in the host country, you must apply within a period of thirty days after the entrance date in the host EU country for a residence card (at the relevant police station or foreigners’ office). Not all EU countries require this residence card and your right to reside does not derive from this card. However, it is recommended since you will be requested to present it when completing basic formalities such as opening a resident bank account, buying a car, etc. To obtain a residence permit for members of your family, proof of kinship with them is usually required (marriage certificate, etc.).
As a worker, you will be issued with a residence card by simply presenting an identity document (passport or ID) and proof of employment or self-employment.
As a retired person having worked in another EU country, you have the right to remain in the host country as long as you can prove that you are covered by a sickness insurance policy and that you have sufficient financial resources.
As a student, you have to prove that you have enough financial resources to study in the host country (by means of a declaration or by such alternative means as you may choose that are at least equivalent). You must also be enrolled at a recognised establishment for the principal purpose of following a vocational training course and you must have health insurance covering all risks in the host country.
When establishing that you have sufficient financial resources and sickness insurance, this must cover all your family members who are not yet independent.
Chapter 4. Social Security
Temporary stays abroad – Less than 3 months
If you become ill or injured when on a temporary stay abroad, the form E111 or the European Health insurance Card will give you access to medical care which is necessary with regard to your state of health (for instance, if you break your leg, have an accident or fell suddenly ill) and with regard to the expected length of your stay. It does not matter if you are abroad as a tourist, or whether your journey is for work-related or private reasons. Without this form and other forms/or the card, you will have to pay for the treatment and will be reimbursed only after you return to the country where you are insured. Also, E111 is not designed for programmed health care.
Stay of more than 3 months in the host country
When arriving in the host country, you should register with the local social security insurance in order to get access to sickness and other social security benefits. You will be entitled to all benefits in kind provided under the law of the host country. These benefits comprise medical and dental care, medicines and hospitalisation, as well as direct payments intended to reimburse the costs of these. As a general rule, they are provided according to the legislation of the host country as if you were insured in this country. This may or may not be to your advantage in comparison with the legislation of your country of origin.
Unemployment benefits
You should present the relevant E-form to the services in the host country in which you are seeking work, so that your benefits may be paid within a reasonable period of time.
Chapter 5. You are a jobseeker (European Union)
Your rights
If you are looking for employment in the territory of a Member State, you are entitled to stay for a period of six months. This period may be extended if you can prove that you are still looking for a job and that it is likely that you may find one. 1
For a period not exceeding three months, and subject to certain conditions, the Member State of origin provides unemployment benefits to any individual who has gone to another Member State to look for work (see factsheet "Unemployment benefits").
You may use the services of government job centres, which must provide you with the same help as is given to nationals of the host Member State who are looking for a job.
1 Judgement of the Court of Justice of the European Communitiesnnes of 26.02.1991, case C-292/89 Antonissen.
You are self-employed professional or services provider or recipient of services (European Union)
If you are a free-lance professional (a musician, a translator, a computer programmer, an artist, etc.) you are entitled to freely move and stay in another EU country until 3 months from the day of your first arrival therein. There is no specific requirement for you and the members of your family at your charge (your spouse, your children....) except holding your valid passport and your valid identity card with you in case of control.
Yet, some Member States can demand you show up in the local station of police within a certain deadline, as this provision is still applicable according to Article 4 of Directive 73/148/EEC. For this aspect, please contact local authorities (through the Consulate or the Embassy) before going to that country.
After 3 months of continuous staying in the same EU Member State, other than your motherland, you and the family members accompanying you can apply for a residence card covering your staying “as long as your independent activity is carried” inside that Member State.
You Are A Recipient Of Services
If you travel as a tourist or if you need to stay in a certain EU Member State for receiving a service (for example a medical treatment in a hospital): up to 3 months of staying in the same country, you and the family member accompanying you only need to have a valid passport or a valid identity card (either issued by you motherland, that is a EU Member State) with you.
Yet, some Member States can demand you show up in the local station of police within a certain deadline, as this provision is still applicable according to Article 4 of Directive 73/148/EEC. For this aspect, please contact local authorities (through the Consulate or that Embassy) before you go to that country.
After 3 months of continuous staying in the same EU Member State, other than your motherland, you and the family members accompanying you can apply for a residence card covering your staying “as long as you are a recipient of services” (this legal wording simply means during your tourist journey or during your staying in the hospital of that country) inside that Member State.
Chapter 6. Your Employment Rights
You may start work without a work permit on arrival in the Member State of destination.
If you are in salaried employment for more than three months, you must apply for a residence permit. If you work for less than a year, the validity of your residence permit may be limited to the duration of your job.
If you fail to do this, you may be subject to a fine, but on no account may you be sent to prison or deported ("Sagulo" 8/77 and "Pieck" 157/79 cases).
You may nevertheless start working before applying for a residence permit.
If you plan to stay for more than three months in the Member State of destination, you are generally required to apply for a residence permit within three months after arriving.
When applying for a residence permit, you must submit a valid passport or identity card, three passport photos and a certificate of employment or confirmation from your employer that you have been hired.
Those in salaried employment may in no circumstances be asked to provide evidence of their resources.
Chapter 7. You are the worker (European Union)
Protection Provided By Community Law
As a citizen of a Member State of the European Union, you have the right to enter any other EU country without having to comply with special formalities. All you need is a valid passport or identity card.
Your right to travel may be restricted only for reasons of public order, public safety or public health. It does not depend on your situation; whether you are travelling for professional or private reasons, whether you are working in an employed or self-employed capacity, or whether you are simply a tourist, you have the right to travel anywhere in the European Union.
If your stay in another EU Member State is for three months or less, you do not need to apply for a residence permit.
However, even when your stay in that country does not exceed three months, each Member State is at liberty to require people who are subject to Community law to notify the authorities of their presence.
What You Need To Know
You do not require an entry visa.
Immigration officers may not:
· affix a stamp on your identity document on arrival authorising you to enter the national territory;
· ask you to furnish proof of means to support yourself;
· ask you how much money you have to spend;
· ask you questions regarding the purpose and duration of your trip.
Immigration officers are entitled to check the validity of your identity document when you cross the border. Note that in the "Schengen area" border checks are no longer carried out at every border crossing point. The only checks now made are spot checks, although these may take place anywhere on the territory of the country. They involve checking that the person to whom the identity card/passport was issued is the same as the person presenting it at the border.
This check must of course respect the basic rights and human dignity of the person concerned.
REFERENCES
· Directive 68/360/EEC, Official Journal L 257, 19.10.1968.
· Directive 64/221/EEC, Official Journal No 56, 4.4.1964.
Chapter 8. Members of the workers family who are nationals of a Member State (European Union)
Your rights
You may enter any Member State if you possess a valid identity card or passport.
What you should know
No entry visa is required.
Immigration officers may not:
· affix a stamp on your identity document on arrival authorising you to enter the national territory;
· ask you to furnish proof of means of subsistence;
· ask you questions regarding the purpose and the duration of your journey.
REFERENCES
· Directive 68/360/EEC, OJ L 257, 19.10.19