Review of the 2009 Guidelines for better transposition and application of Directive 2004/38/EC on the right of Union citizens and their family members to move and reside freely in the EU

Milieu is pleased to announce that we have been awarded a study to support DG JUST in the “Review of the 2009 Guidelines for better transposition and application of Directive 2004/38/EC on the right of Union citizens and their family members to move and reside freely within the territory of the Member States”.

The right of every citizen to free movement and residence within the territory of the Member States is perceived by most citizens as one of the main benefits of EU membership. This right, and the related conditions and limitations, are governed in detail by Directive 2004/38/EC. A 2008 EC report on the application of the Directive identified important shortcomings in the transposition and application of the Directive. This resulted in the adoption of guidance for better transposition and application of the Directive in 2009, in addition to a range of support and information tools for Union citizens and their family members. Also, the CJEU has been actively solicited to further interpret the rights and obligations derived from the status of Union citizenship and the associated legislation. Still, Union citizens and their family members continue to face obstacles and grey areas in the exercise of their rights derived from the Treaty and Directive 2004/38/EC in this important matter. The current study aims at supporting the Commission in the review and updating of the 2009 Guidelines, building on CJEU case-law and a mapping of remaining legal and administrative difficulties faced by Union citizens and their family members in relation to their right to free movement. The study is a continuation of the work we have carried out in this area since 2007.

We will be supported by an academic Consultative Board of some of the most prominent professors in this key area of EU law, including Prof. Dr. Jo Shaw, Prof. Dr. Elspeth Guild, Prof. Dr. Iris Goldner Lang and Prof. Dr. Anthony Valcke.