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
Art. 5.1
Citation of the Article of the Directive
must pass when travelling between Member States. Where the law of a Member State does not provide for identity cards to be issued, the period of validity of any passport on being issued or renewed shall be not less than five years. Right on Entry 1. Without prejudice to the provisions on travel documents applicable to national border controls, Member States shall grant Union citizens leave to enter their territory with a valid identity card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport.
No entry visa or equivalent formality may be imposed on Union citizens.
Milieu Ltd & Europa Institute
Corresponding national provision (legal ref. & art.)
The Immigration (European Economic Area) Regulations 2006 Regulation 11(1) Regulation 11(2)
Not transposed But see also Immigration Act 1988 s7
Complete text of national provision (in language of Member State)
Fully in accord? (y/n)
(1) An EEA national must be admitted to the United Kingdom if he produces on arrival a valid national identity card or passport issued by an EEA State. (2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival – a) a valid passport; and b) an EEA family permit, a residence card or a permanent residence card
N, Incorrect
7 Persons exercising Community rights and nationals of member States (1) A person shall not under the principal Act require leave to enter or remain in the United Kingdom in any case in which he is entitled to do so by virtue of an enforceable Community right or of any provision made under section 2(2) of the [1972 c. 68.] European Communities Act 1972. (2) The Secretary of State may by order made by statutory instrument give leave to enter the United Kingdom for a limited period to any class of persons who are nationals of member States but who are not entitled to enter the United Kingdom as mentioned in subsection (1) above; and any such order may give
Y
Comments/Problems
remain valid for 10 years after the date of issue (www.ips.gov.uk). There is no legislative basis regulating the validity of passports; once again it is a matter of Crown prerogative. In practise the UK recognises passports issued by all other Member States, and the British passport enables travel through all Member State countries. Incorrect transposition There are problems with the additional documents which non EEA family members are required to produce. Moreover, the provisions of the Regulation need to be read in the light of the European Case Work Instructions to Entry Clearance Officers available on the Borders and Immigration Website, and advice and guidance on that website to applicants, including the EEA Family Permit form, which appears to require applicants to submit a large number of supporting documents with their application which are not required by the Directive. This is based on Regulation 12(3) in respect of extended family members, but is also applied by the UK rules so far as requests for documents are concerned, to all nonEEA family members. We will expand upon this in the Conformity Study. Effective transposition The underlying departure from the regime of the Immigration Acts is established by s7 of the Immigration Act 1988, which is included here as an instance of prior conformity. The right is also guaranteed by right of entry set out in regulation 11(1) and 11(2). This consequence is inherent in UK immigration and border control law.
UNITED KINGDOM
8/73