|
|
|
||||||
|
THE EUROPEAN UNION |
|
(OR. fr) |
||||||
|
|
|
MI 478 JAI 667 |
|
||||
|
NOTE |
|
|
|||||
|
Presidency |
|
||||||
|
Permanent Representatives Committee / Council |
|
||||||
|
Subject: |
Free movement of persons: abuses and substantive problems – Draft Council conclusions |
|
|||||
Further to the meeting of the Permanent Representatives Committee on 19 November 2008, the Presidency forwards herewith draft Council conclusions.
_______________
Draft Council conclusions on the free movement of
persons
The Council recalls the discussion it held at its meeting on 25 September 2008 concerning the action to be taken following the judgment of the Court of Justice in the Metock case (C-127/08) and on the question of the residence of third-country nationals married to EU citizens in the context of tackling illegal immigration.
The Council recalls that the right of free movement within the European Union is one of the main principles on which the Union is based. That right constitutes a fundamental freedom for citizens and, for those who exercise it, entails responsibilities, including respect for the rule of law in the State where they are staying or residing.
The Council also emphasises its commitment to developing the Union as an area of freedom, security and justice, of which the prevention and combating of crime constitute an essential aspect.
The Council considers that, in compliance with and in the interests of the right of free movement, every effort must be made to prevent and combat any misuses and abuses, including those of a criminal nature, with forceful measures against citizens who break the law, notably by committing serious and repeated offences.
In this connection the Council notes the relevant provisions of Directive 2004/38/EC of the European Parliament and of the Council[1], in particular Article 27 concerning restrictions on the right of entry and the right of residence of Community nationals and their family members on grounds of inter alia public policy and public security and Article 25 concerning abuse of rights and fraud, such as marriages of convenience.
The Council welcomes the Commission's intention to submit between now and mid-December an assessment report on the operation of Directive 2004/38/EC and the work which the Commission is organising in close liaison with representatives of the Member States meeting in an expert group to identify problems in the implementation of the Directive and good practice at national level.
Concerned that full use should be made of the provisions of Directive 2004/38/EC in order to improve the prevention and combating of misuses and abuses, the Council requests the Commission to publish guidelines for the interpretation of that Directive early in 2009 and to consider all other appropriate proposals and measures.
The Council will make a more extensive examination of the issue
after the report has been submitted and in the light of the other discussions
that will continue at the same time.