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.)
Complete text of national provision (in language of Member State)
Translation into English of national provision
Fully in accord? (y/n)
acquisition of the right of permanent residence, to grant maintenance aid for studies, including vocational training, consisting in student grants or student loans to persons other than workers, selfemployed persons, persons who retain such status and members of their families.
Art.25.1
Art.25.2
Art.26
General provisions residence documents
concerning
1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof. 2. All documents mentioned in paragraph 1 shall be issued free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents. Checks Member States may carry out checks on compliance with any requirement deriving from their national legislation for non-nationals always to carry their registration certificate or residence card, provided that the same requirement applies to their own nationals as regards their identity card. In the event of failure
Milieu Ltd & Europa Institute, Edinburgh University
GEO no. 102/2005 Art. 3 (3)
Art. 3. (3) Exercitarea unui drept sau îndeplinirea unei formalităţi administrative de către cetăţenii Uniunii Europene ori de către membrii lor de familie nu este condiţionată de posesia unui document eliberat de autorităţile române în condiţiile prezentei ordonanţe de urgenţă, dacă, prin orice alt mijloc de probă, persoana interesată dovedeşte că este beneficiară a acelui drept.
(3) Exerting any rights or fulfilling any administrative formality by the European Union citizens or their family members shall not be conditioned by the possession of documents issued by the Romanian authorities under the provisions of the present law, if the concerned person proves by any means of proof that he/she is the beneficiary of that right.
Y
NT
Comments/Problems According to the provisions of the Education Law no. 84/1995 starting from the date of Romania’s accession to the European Union the EU citizens are granted the access to all forms and levels of education within the same conditions as the Romanian citizens (this includes also the access to grants) –further examination will be carried out in the Conformity study after contacts with authorities Effective transposition.
Not transposed. The issue of fees will be checked for the conformity study.
GEO no. 102/2005 Art. 11
Art. 11. - Pe durata şederii în România, cetăţenii Uniunii Europene sau, după caz, membrii familiilor lor au obligaţia de a se supune controalelor de specialitate ale organelor competente române, efectuate în aceleaşi condiţii ca şi cele aplicabile cetăţenilor români
Art. 11. - During the stay in Romania, the European Union citizens or their family members shall be bound to obey to the specialised controls of the Romanian competent authorities, carried out in the same conditions as those applicable to the Romanian citizens.
ROMANIA
Y
Effective transposition.
54/67