Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member-States Art
Citation of the Article of the Directive
Corresponding national provision (legal ref. & art.)
members as defined in point 2 of Article 2 who accompany or join them.
Art. 3.2 (a)
Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national
Art 26 item 4 (p) FA art 47 paras 2 and 3 FA art 53a item 2 FA
Milieu Ltd Europa Institute, Edinburgh University
Complete text of national provision (in language of Member State)
Translation into English of national provision
4) członków rodzin obywateli, o których mowa w pkt 1-3, którzy do nich dołączają lub z nimi przebywają - a także tryb postępowania i organy właściwe w tych sprawach.
4) family members of the nationals referred to in 1-3 above, who join or accompany them, as well as the procedure and bodies competent for these matters.
FA:
FA:
Wiza pobytowa
Residence visa
Art.26. Wizę wydaje się, w zależności od celu wjazdu i pobytu, jako wizę:
Art.26. Depending on the purpose of the entry and residence, a visa shall be issued as:
POLAND
Fully in accord? (y/n)
Comments/Problems
(here: Polish citizens) who return to Poland after having resided in another Member State and to their family members. The definition of the Union citizen in the Polish law explicitly excludes Polish citizens (« Union citizen shall mean a foreign national.... »).
N, Incomplete
However, the body of the transposing legislation often uses the term national of a Union Member State, which is a part of the definition of Union citizens to which the requirement to be a foreign national clearly not applies. The explicit use of the term “national of a Union Member State” instead of the defined term “Union citizen” indicates that it could have been the purpose of the legislator not to use the term “Union citizen” which excludes Polish nationals, but rather the larger definition of “nationals of a Union Member States. As such, it is not explicitly provided for, but certainly not excluded that the Polish legislation would apply to Polish nationals who have exercised their right to free movement. Incomplete transposition EREA does not apply to persons listed in Art. 3.2(a) of the Directive and does not contain any provision regarding their
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