V.9. Council Directive 2004/38/Ec 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

2009 ◽  
pp. 329-352 ◽  
Keyword(s):  
Family Members ◽  
Member States ◽  
Council Directive ◽  
The Right

Restrictions on the Right of Entry and the Right of Residence on Grounds of Public Policy, Public Security, or Public Health

2019 ◽  
pp. 253-304
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
Public Health ◽  
Public Policy ◽  
Member State ◽  
Family Members ◽  
Public Security ◽  
Member States ◽  
The Right

This chapter assesses the restrictions on the right of entry and the right of residence on grounds of public policy, public security, or public health. The secondary legislation adopted specifically to give precision to this exception was Directive 64/221, which continued to apply until it was repealed by Directive 2004/38. It set out the meaning of and limitations upon the right of Member States to exclude or expel EU citizens or their family members on grounds of public policy, public security, and public health. All EU citizens and their family members who move from their home Member State to another Member State are entitled to enter and reside unless the host Member State can establish that one of these three grounds applies. These exclusions are foremost among the ‘limitations’ referred to in Article 21 TFEU on citizenship of the Union.

General Provisions

2019 ◽  
pp. 18-88
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
Member State ◽  
Labour Market ◽  
Family Members ◽  
Social Benefits ◽  
Member States ◽  
Permanent Residence ◽  
Detailed Interpretation ◽  
Definition Of ◽  
The Right

This chapter discusses the general provisions of the citizens’ Directive (Articles 1–3), which state its purpose and define its territorial and personal scope. Essentially, the Directive applies to EU citizens and their family members who move to another Member State. While the basic tenets of the Directive can be described quite simply—EU citizens have the right to move to another Member State and to bring their family members with them—the detailed interpretation of the key rules defining the scope of that simple tenet has proven increasingly complex and controversial. The chapter then addresses three issues—the definition of EU citizens, the requirement of movement between Member States, and the position of family members—that determine the application of the rest of the Directive, and so delineate exactly which persons have the right to enter and reside, enter the labour market, resist expulsion, claim social benefits, and obtain permanent residence status.

scholarly journals COVID-19 and the Human Rights of Nationals Abroad

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 317-321
Author(s):  
Guofu Liu
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Family Members ◽  
Right To Health ◽  
Standard Of Living ◽  
Work Permit ◽  
Rights Protection ◽  
The Right

The COVID-19 pandemic is having serious and disproportionate effects on nationals abroad and their families globally. Many states have adopted positive measures including temporarily suspending forced returns as well providing visa and work permit extensions, temporary residence, or other forms of regular status to ensure that migrants are accounted for in national responses to the pandemic. Nevertheless, the human rights of nationals abroad and nationals with foreign family members have faced significant challenges. Some states have fully or partially closed entry to all of their own nationals and their foreign family members, in violation of nationals’ right to return and their right of family unification. Other states’ nationals abroad have been unable to enjoy the right to an adequate standard of living and the right to health. Many have also encountered the burdens of hate speech in both their home states and the states in which they live, the effect of which has been to undermine freedom of opinion and expression and the right to equality and non-discrimination. This essay identifies and explains these threats to human rights in the era of COVID-19. The essay encourages states to recommit to rights protection.

Human rights of people with mental illness diagnosis: perceptions among service users, family members and health professionals in Tunisia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mayssa Rekhis ◽  
Sami Ouanes ◽  
Abir Ben Hamouda ◽  
Rym Rafrafi
Keyword(s):  
Mental Illness ◽  
Human Rights ◽  
Family Members ◽  
Mental Illnesses ◽  
Service Users ◽  
Content Type ◽  
People With Mental Illness ◽  
The Family ◽  
The Right ◽  
Main Factor

Purpose This study aims to assess the awareness about the rights of people with mental illness in the main psychiatric hospital in Tunisia among the service users, the family members and the staff. Design/methodology/approach The Convention of Rights of People with Disabilities mandates that State Parties initiate and maintain campaigns and human rights training to promote understanding of the rights of people with mental illnesses, considered as a main factor for their fulfillment. Service users, family members and staff evaluated, through a survey, the importance of ten rights for persons with mental illness, stated in the convention. Findings Disparities were found in the perception of the different rights by and between the three groups. The highest levels of awareness were associated with the freedom from torture or degrading treatment and the right to live with dignity and respect, whereas the lower importance were assigned to the right to participation in recovery plans, to give consent and to exercise legal capacity. Originality/value The lack of awareness and the poor perception of rights of people with mental illness is one of the barriers to their achievement. More training and awareness raising is necessary.

scholarly journals Durable Relationship and Family Members “by Analogy” in the European Union

2018 ◽  
Vol 10 (4) ◽  
pp. 175
Author(s):  
Tanel Feldman ◽  
Marco Mazzeschi
Keyword(s):  
Member State ◽  
Family Member ◽  
Family Members ◽  
The European Union ◽  
Member States ◽  
Registered Partnership ◽  
The Family ◽  
Definition Of ◽  
Union Citizen ◽  
The Eu

Rights of residence derived from a durable relationship with an EU citizen, are left to a relatively wide discretion of the Member States. Pursuant to Article 2.2 (b) Directive 2004/38/EC (“Directive”), “the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State” qualifies as family member. Provided that they have a durable relationship (duly attested) with an EU citizen, pursuant to Article 3.2(b), unregistered partners are as well beneficiaries of the Directive. The durable relationship was expressly excluded from the scope of Article 2(2)(b): “Unlike the amended proposal, it does not cover de facto durable relationships” (EU Commission, Document 52003SC1293). Article 3 (2)(a) covers “other family members” (no restrictions as to the degree of relatedness) if material support is provided by the EU citizen or by his partner or where serious health grounds strictly require the personal care of the family member by the Union citizen. Pursuant to Article 3.2, “other family members” and unregistered partners can attest a durable relationship, must be facilitated entry and residence, in accordance to the host Member State’s national legislation. In the light of Preamble 6 Directive, the situation of the persons who are not included in the definition of family members, must be considered “in order to maintain the unity of the family in a broader sense”. The questions discussed in this paper are the following: (i) are Member States genuinely considering the concept of durable relationship in view of maintaining the unity of the family in a broader sense? and (ii) how to overcome legal uncertainty and which criteria, both at EU and at international level, can be taken into account in order to assess whether a durable relationship is genuine and should be granted the rights set forth by the Directive?

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