European Union directive | |
Title | Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States |
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Made by | European Parliament and Council |
Made under | Arts 12, 18, 40, 44 and 52 TEC |
Journal reference | L158, pp. 77–123 |
History | |
Date made | 2004-04-29 |
Entry into force | 2004-04-30 |
Implementation date | required by 2006-04-29 |
Other legislation | |
Replaces | directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC |
Amends | regulation (EEC) No 1612/68 |
Current legislation |
The Citizens' Rights Directive 2004/38/EC[1] (also sometimes called the "Free Movement Directive") sets out the conditions for the exercise of the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate multilateral sectoral agreement on free movement with the EU and its member states.[2]
It consolidated older regulations and directives, and extended the rights of unmarried couples. It gives EEA citizens the right of free movement and residence across the European Economic Area, as long as they are not an undue burden on the country of residence and have comprehensive health insurance.[3] This right also extends to close family members that are not EEA citizens.