2.5
Common provisions (Articles 22-26) 2.5.1
Territorial scope (Article 22)
Article 22 provides that the territorial scope of the Directive is the whole of the Member State and that restrictions on movement may only be imposed where the same restrictions apply to nationals of the Member State itself. The said article has been literally transposed by Article 19 of the Decree. Restrictions on movement may be imposed on the basis of Article 282 of the Code of Penal Procedure for the purposes provided for by Article 296 of the said Code. 2.5.2
Right to take up employment by family members (Article 23)
Article 23 provides a right for family members who have the right of residence to take up employment. It has been literally transposed by Article 20(1) of the Decree. 2.5.3
Equal treatment (Article 24)
Article 24 provides for the principle of equal treatment. The said article has been literally transposed by Article 20, para. (2) & (3) of the Decree. 2.5.4
General provisions concerning residence documents (Article 25)
Article 25(1) – residence card or certificate as precondition for exercising the right The said article has been adequately transposed by Article 20(4) of the Decree. Article 25(2) – charges for documents Article 25(2) provides that all documents shall be issued free of charge or for a charge not exceeding that imposed on nationals for issuing similar documents. The said article has been adequately transposed by Article 20(5) of the Decree, which introduces the more favourable among the two possible clauses set out by Article 25 of the Directive, i.e., it provides that all documents shall be issued free of charge. 2.5.5
Checks (Article 26)
Article 26 provides that Member States may have checks to ensure that beneficiaries of the Directive carry their residence cards in the same way that nationals carry their identity card. The said article has been adequately transposed as the same requirements apply to Greek nationals with respect to their identity cards. 2.6
Restrictions on the right of entry and residence on grounds of public policy, public security and public health 2.6.1
General principles (Article 27)
The said article has been literally transposed (in full). However, a problem could arise in practice related to the proportional nature of measures taken on grounds of state policy (Article 20(2)), when imposed irrespective of the personal conduct of the individual concerned. As indicated above,1 the Highest Administrative Court has judged that restrictions as to the right of exit on the grounds of important public interest, such as in cases of debtors of the State, imposed irrespective of the personal conduct of the individual concerned, namely, of the debtor, even when the debt is not due, are 1
see above footnote 1
Milieu Ltd & Europa Institute
Conformity Study Directive 2004/38/EC for Greece 24/40