One year on, thanks to continued political pressure, the Commission has achieved concrete results: 16 Member States have either fully addressed the Commission’s concerns or have drafted amending legislation to ensure full compliance with the Directive. For the remaining Member States, the Commission has started or is considering infringement proceedings under the EU Treaties.
"The right to free movement is one of the most cherished rights of EU citizens,” said Vice-President Viviane Reding, the EU's Justice Commissioner.
“I want to ensure that all EU citizens can effectively enjoy their free movement rights. Last summer’s events were a wake-up call for Europe. The Commission will not hesitate to speak out if Member States do not properly apply this fundamental right, notably the procedural safeguards that protect EU citizens from facing arbitrary or disproportionate expulsion.
I am now satisfied that a majority of Member States have fully implemented the EU free movement rules. I expect the remaining countries to do so quickly.
The European Commission will remain very vigilant until all Member States fully address the Commission’s legal concerns."Since summer 2010, a total of 786 issues were identified by the Commission and raised in bilateral meetings with Member States.
The Commission made clear that if problems were not resolved, Treaty infringement proceedings would be inevitable. As a result, 711 issues (around 90%) were solved through dialogue and/or presentation by Member States of draft amended laws. Only 75 issues currently remain outstanding and are now the subject of infringement proceedings.
In the French case, the government adopted the legislative amendments required by the Commission to ensure compliance with the Free Movement Directive on 16 June, including the safeguards that protect EU citizens against arbitrary expulsions or discriminatory treatment.
The Commission continues to work with the remaining countries to tackle outstanding issues, such as entry and residence for family members, residence cards for third-country nationals and safeguards against expulsions.In times of economic difficulty, some Member States may feel tempted to take discriminatory measures affecting EU citizens or their family members.
However, the EU's Free Movement Directive provides sufficient safeguards to ensure that citizens’ exercise of their right to free movement does not disproportionately burden a Member State's budget. There is thus no scope for unilateral national action in this respect.
The Commission is committed to removing the remaining hurdles that EU citizens face when exercising their rights, as set out in the first-ever EU Citizenship Report published in October 2010. Businesses and citizens have reaped huge rewards as the EU has steadily broken down internal barriers to goods, services and people.
Between 2004 and 2007, the boost to labour mobility from new countries joining the EU increased the EU’s gross domestic product by around €40 billion. The EU must build on these achievements so that everyone – from tourists and students to workers and small business owners – can truly benefit from a European area of freedom, security and justice.