Article 5(1) paragraph 1
Article 5(4)
Article 7(4)
Article 8 (5) (f)
Article 10 (1)
Article 10(2) (f) Article 14(3) Article 14 (4) (a)
Article 14(4) (b) Article 17(1) c) second and third paragraphs
Article 17(2)
Article 25(1)
Article 27(2) Article 27(3) Article 27(4) Article 29(3)
Milieu Ltd & Europa Institute
situation. Right of entry: With regard to joining or accompanying the primary holder of the residence right, the FMA foresees that actual residence of the EEA national is needed before the family member might join, whereas such presence is not prescribed if the family member joins a Hungarian national. There is no transposition on the prohibition of imposing entry visas. Granting every reasonable opportunity to obtain the necessary documents before returning at the border: Ambiguity on the range of possibilities that are offered for the persons concerned to obtain the documents. Definition of student’s family members: Pursuant to the transposition, family members include only spouses and dependent children but it does not grant residence right to dependent direct relatives in the ascending line of the student and of the spouse. Proof of the existence of a durable relationship with a Union citizen: The quoted rules do not refer expressly to partners, but until the entry into force of Act CLXXXIV of 2007 on registered partnership, partners might claim their rights on the basis of these articles, as members of household. Issue of residence cards: The denomination of the residence card of a family member of a European citizen does not appear as such in the transposing legislation. The fact that the competent authority “shall rule” implies that a positive or a negative decision on whether to grant or not the residence card. Document proving the existence of a registered partnership for the issuing of the residence card: No transposition, since registered partnership is not yet recognised by Hungarian law. Recourse to social assistance might not lead to automatic expulsion: See comment under 14.1. Recourse to social assistance for three months makes the person an “unreasonable burden”, which entails the withdrawal of the residence right. No expulsion measures may be taken against Union citizens or their family members if the Union citizens are workers or self-employed persons: There is no guarantee in the transposing legislation that no expulsion measure can be adopted against economically active persons. Non ordering of expulsion measure with regard to jobseekers until proving the genuine chances to find employment: There is no transposition or indirect conformity to this regard. Taking into account the periods of non employment not for the persons own making as periods of employment: Such periods are not covered and thus are not taken into account as period spent in employment. Furthermore, second subparagraph of Article 17.1. c) is not transposed either. Non-application of the time-condition for workers and self-employed married to Hungarian nationals: Disregarding that family members of Hungarian nationals acquire the permanent residence right after one year as a general rule, the spouse will acquire the permanent residence right after two years of marriage and cohabitation. General provisions on residence documents: No reference is made in the transposition, that the exercise of residence right and the completion of administrative formalities may not be linked to the possession of a residence document. Previous criminal convictions and general preventive aim: None of the two is mentioned. Cooperation of the CA of the Members States: Not mentioned. Readmission: There is no reference to the readmission of those, whose nationality is in dispute. Free and non-systematic medical checks: No corresponding guarantee. Administrative practice shows, that at first registration, everyone needs to make a declaration on his/her health status. Conformity Study Directive 2004/38/EC for Hungary 2008 10/69