Examples of Directive 2004/38 in a sentence
Secondary EU LegislationUnder the EU Directive on rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Directive 2004/38), after an initial period of three months, during which there is a (virtually) unqualified right to enter and reside, between three months and five years the individual needs to qualify as a worker, self-employed person, service provider or recipient, student, pensioner or self- sufficient person.
Article 7 of Directive 2004/38 of the European Parliament and of the Council of the European Union relates to a right of residence on the territory of another Member State and therefore can only apply if an individual exercises a freedom of movement in another Member State.
Similarly, if the third-country national spouse has custody of the children, has been the victim of domestic violence or has a right of access to minor children, there is a retained right of residence (Article 13, Directive 2004/38).
In the event of marriage breakdown, so long as the marriage has lasted three years with at least one year in the host Member State, the third-country national retains a right of residence, though he or she must be self-sufficient until he or she acquires permanent residence (Article 13, Directive 2004/38).
The right only lasts until the children complete their studies (Article 12(3), Directive 2004/38).
After five years residence, the individual acquires a right of permanent residence (Article 16, Directive 2004/38).
The other five units are permanently located to support the six COCOMs. Since they have COCOM-area responsibilities they do not deploy.
Article 3(2) of Directive 2004/38 must be interpreted as meaning that the third-country nationals envisaged in that provision must have available to them a redress procedure in order to challenge a decision to refuse a residence authorisation taken against them, following which the national court must be able to ascertain whether the refusal decision is based on a sufficiently solid factual basis and whether the procedural safeguards were complied with.
This legislation to continue citizenship would essentially extend the law as laid down in Directive 2004/38 and Regulation 492/2011, and would also codify the rights that are recognised in the case law of the CJEU.
A closer look at what happens in practice in Belgium, the UK and Italy highlights the use of expulsion at the Member States level to deal not only with criminal behavior, but increasingly to remove and detain EU citizens who fail to meet the residence conditions set out in Directive 2004/38.