Directive 2004/38/EC On The Right To Move and Reside Freely

Directive 2004/38/EC On The Right To Move And Reside Freely

The Directive 2004/38/EC of the European Parliament and of the Council 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 defines the right of free movement for citizens of the European Economic Area (EEA), which includes the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate bilateral agreement on the free movement with the EU.

This directive is mostly a concentration of existing regulations and directives in one place, although it does also extend the rights of unmarried couples.

Whilst some of the formulations remain complex, the basic premise of the directive is simple: EEA citizens have the right of free movement and residence across the European Economic Area, as long as they are not an undue burden on the country of residence and have comprehensive health insurance. This right also extends to close family members that are not EEA citizens.

After five years, the right of residence becomes permanent, which means it does not depend on any precondition any longer. This permanent right of residence can be seen as a precursor to a true European Citizenship.