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 Post subject: Re: European Union Freedom of Movement
Post Number:#31  PostPosted: 30 Dec 2011 06:53 
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    Procedural safeguards

    EU citizens and their family members are also protected by the following procedural safeguards.

    Written notification and appeal

    If expelled or denied entry, the decision must:

    • be notified in writing and in a way that enables the person concerned to
      comprehend its content and the implications for them;
    • include precise and full information of the grounds on which the decision is
      based; and
    • specify the court or administrative authority with which the person concerned
      may lodge an appeal and the time limit for the appeal.

    Access to judicial redress

    The persons concerned must have access to judicial and where appropriate
    administrative redress procedures to appeal or seek review of any decision against them
    on these grounds. These procedures must allow for an examination of the legality of the
    decision, as well as of the facts and circumstances on which the proposed measure is
    based.
    If the application for appeal is accompanied by an application for an interim order to
    suspend enforcement of that decision, actual removal from the territory cannot take place
    as a general rule until the decision on the interim order is taken.

    Expulsion as a legal consequence of a custodial penalty

    An expulsion order can be issued as a penalty or legal consequence of a custodial penalty.
    If an order is issued for this purpose but is enforced more than two years after it was issued, the host EU country is obliged to:

    • check that the person concerned is currently and genuinely a threat to public
      policy or public security before expelling them; and
    • assess whether there has been a material change in the circumstances before
      expelling them or their family member.

    Exclusion ban

    Expelled EU citizens and their family members may also be excluded on grounds of
    public policy or public security but they can apply for lifting of this ban on entry after a
    reasonable period of time, and in any event after three years from enforcement of the final
    exclusion order.

    Abuse and fraud

    EU countries may adopt the necessary measures to refuse, terminate or withdraw any right
    conferred by the Directive in the case of abuse of rights or fraud, such as marriages of
    convenience or forged documentation.


    Where can I find more?

    You can find the precise legal wording on the matter covered in this section in Chapter VI
    (Articles 27 to 33) and Article 35 of the Directive.



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 Post subject: Re: European Union Freedom of Movement
Post Number:#32  PostPosted: 30 Dec 2011 06:56 
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    Transitional arrangements on free movement of workers

    EU countries can temporarily restrict access to their labour markets of nationals from
    countries which joined the EU in 2004 and 2007: as the transitional arrangements allow
    them to delay the application of EU law on free movement of workers guaranteeing free
    access to employment, they can instead apply national rules.

    As a consequence, workers from the Czech Republic, Estonia, Latvia, Lithuania, Hungary,
    Poland, Slovenia and Slovakia (until 30 April 2011 at the latest), Romania and Bulgaria (until
    31 December 2013 at the latest) can be required to obtain a work permit in order to take
    up employment in one of the other EU countries.

    As a further consequence, EU countries may also derogate from some specifi c provisions
    on the right of residence of EU workers but only where this is necessary. For example, an
    EU country that requires registration with the relevant authorities for periods of residence
    longer than three months could require workers from the above countries who need
    to obtain a work permit to produce this work permit, in addition to the confi rmation of
    engagement from the employer or a certifi cate of employment.



    Where to find more information?

    If you need to find more information on whether the EU country you would like to work
    in restricts access to its labour market or on the working and living conditions, please
    go to the official website http://ec.europa.eu/eures where you can find comprehensive
    information on free movement of workers.

    You can also consult the Commission’s Guide to working in another EU country produced
    by the Directorate-General for Employment, Social Affairs and Equal Opportunities, which
    is available to download at
    http://ec.europa.eu/social/main.jsp?cat ... erPubs=yes



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 Post subject: Re: European Union Freedom of Movement
Post Number:#33  PostPosted: 30 Dec 2011 07:03 
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    Where can you find more information?
    What can you do if you think your rights have not been upheld?


    Where to get free information?

    For further information about your rights to free movement and residence, you can consult
    the European Commission’s online information portal, Your Europe:
    http://ec.europa.eu/youreurope

    You may also wish to consult the website of the European Commission’s DirectorateGeneral Justice at http://ec.europa.eu/about/ds_en.htm

    If you would like to access EU legislation on free movement, you can visit the European
    Commission’s online access portal to EU law, EUR-Lex at
    http://eur-lex.europa.eu/en/index.htm

    Do you think that your rights have been violated?

    If you think that your right to move and reside freely has been violated, you should
    appeal before the competent national courts or administrative bodies. Please note that
    national courts are the only body that can award you damages or order a body to do or
    stop doing something. You should contact a local solicitor for assistance.


    Citizens Signpost Service is a Europe-wide service that provides custom-made legal
    advice on your rights within the European Union. Responses are provided free of charge,
    within 8 calendar days, and in any of the offi cial languages of the European Union. For
    more information, please go to http://ec.europa.eu/citizensrights

    If you think that your problem was caused because national public authorities incorrectly
    applied their own national and also EU law, you can use the SOLVIT system, an on-line
    problem solving network in which EU countries work together to solve problems without
    legal proceedings. For more information, please go to http://ec.europa.eu/solvit

    If you consider that your EU rights have not been upheld and have exhausted the above
    means of redress, you can also lodge your complaint with the European Commission at
    http://ec.europa.eu/community_law/your_ ... rms_en.htm

    You are also entitled to lodge a petition with the European Parliament. To lodge a
    petition, please go to
    http://www.europarl.europa.eu/parliamen ... anguage=EN



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 Post subject: Re: European Union Freedom of Movement
Post Number:#34  PostPosted: 30 Dec 2011 08:54 
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