Malta among top countries in adoption of freedom of movement directive

Malta is one of just seven countries which have correctly adopted more than 85% of the provisions of the EU directive on the right of EU citizens and their families to move and reside freely within the territory of other EU states, according to a European Commission report.

The other countries are Cyprus, Greece, Finland, Portugal, Luxembourg and Spain.

The Commission said that the overall transposition of the directive was rather disappointing and no country had fully adopted the directive.

Commissioner Jacques Barrot, who is responsible for justice and freedom, said free movement of persons constituted one of the fundamental freedoms of the internal market, to the benefit of EU citizens, of the Member States and of the competitiveness of European economy.

“Flaws in the implementation of EU law in this field might result in a breach of the principles laying at the very core basis of the European construction. This is why the Commission will step up its efforts to ensure that EU citizens and their families effectively and fully enjoy their rights under the directive.”

Member States had to bring into force the laws and administrative provisions necessary to comply with the Directive by 30 April 2006.

All Member States have adopted national laws to protect the right of EU citizens and their families to move and reside freely within the EU. But while 85 percent of the directive has been adopted by seven countries, Austria, Denmark, Estonia, Slovenia and Slovakia have correctly adopted less than 60%.

The main problems are:

• the right of entry and residence of third country family members (problems with entry visas or when crossing the border, conditions attached to the right of residence not foreseen in the Directive and delayed issue of residence cards),

• the requirement for EU citizens to submit with the applications for residence additional documents not foreseen in the directive.

· • The responsibility for ensuring that the rights of EU citizens are guaranteed and that EU citizens are informed of their rights lies with the Member States.

The Commission intends to offer information and assistance by issuing guidelines in the first half of 2009 on a number of issues identified as problematic in transposition or application.