17 Amendments of Urszula GACEK related to 2008/2184(INI)
Amendment 3 #
Motion for a resolution
Citation 5
Citation 5
Amendment 15 #
Motion for a resolution
Recital I
Recital I
I. whereas according to the Commission Report, the overall transposition of Directive 2004/38/EC is rather disappointing, as not one Member State has transposed the Directive effectively and correctly in its entirety and, moreover, not one article of the Directive has been transposed effectively and correctly by all Member States, and whereas, particularly as in at least twenty Member States the incorrectness of the transposition concerns crucial provisions of the Directive,
Amendment 17 #
Motion for a resolution
Recital K
Recital K
K. whereas the Commission has had to bring nineteen infringement proceedings against Member States for non- communication of national implementing measures, which were subsequently closed; whereas it has so far received more than 1 800 individual complaints, 40 questions from Parliament and 33 petitions, and that on that basis it has registered 115 complaints and has brought 5 infringement proceedings for incorrect application of Directive 2004/38/EC,
Amendment 19 #
Motion for a resolution
Recital P - indent 1
Recital P - indent 1
– a non-Community national who is the spouse of a citizen of the Union who accompanies or joins that citizen can benefit from the provisions of the Directive, irrespective of when and where their marriage took place and of how that spouse country entered the host Member State*,without the need for prior lawful residence 1, ________________ 1 Metock case
Amendment 21 #
Motion for a resolution
Recital Q
Recital Q
Amendment 22 #
Motion for a resolution
Recital S - introductory
Recital S - introductory
S. whereas, on the basis of the information gathered, notably through national parliaments’ answers to Parliament's questionnaire, which is unfortunately not exhaustive and does not cover all the Member States, and in addition to the Commission Report, the following main issues were identified as problematic:
Amendment 23 #
Motion for a resolution
Recital S - indent 1
Recital S - indent 1
– restrictive interpretation by Member States of the notion of "family member" (Article 2), of "any other family member" and of "partner" (Article 3), particularly in relation to same sex partners, and their right to free movement under Directive 2004/38/EC,
Amendment 26 #
Motion for a resolution
Recital S - indent 1 - footnote
Recital S - indent 1 - footnote
Amendment 27 #
Motion for a resolution
Recital S - indent 2
Recital S - indent 2
– unjustifiednecessary administrative burdens are imposed in respect of the entry and residence of third-country family members,
Amendment 29 #
Motion for a resolution
Recital S - indent 3
Recital S - indent 3
– the interpretation by Member States of "sufficient resources" under Article 7(1)(b) of Directive 2004/38/EC is often unclear and unfriendly, as most Member States require that evidence of sufficient resources be given; the notion of "unreasonable burden to the social assistance system of the host member State" and if and in what cases the decision to expel a citizen of the Union who has become an unreasonable burden (Article 14, recital 10) is in many Member States uncertain as well,
Amendment 31 #
Motion for a resolution
Recital S - indent 3 - footnote
Recital S - indent 3 - footnote
Amendment 33 #
Motion for a resolution
Recital S - indent 4 - footnote
Recital S - indent 4 - footnote
Amendment 36 #
Motion for a resolution
Recital S - indent 5
Recital S - indent 5
– Union citizens are often required to submit to the authorities of the host Member State unjustified additional documents not provided for in Directive 2004/38/EC,
Amendment 37 #
Motion for a resolution
Recital S - indent 5 - footnote
Recital S - indent 5 - footnote
Amendment 41 #
Motion for a resolution
Recital T
Recital T
T. whereas the extremely poor transposition of the Directive implementing Article 18 of the EC Treaty by Member States should be strongly condemned and whereas such situation results, if not in the Directive itself being undermined, in a substantial non- application of one of the key rights on which the EU is based and which are conferred on Union citizens by the Treaties,
Amendment 48 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to fully implement the rights grantedules set out under Article 2 and Article 3 of Directive 2004/38/EC not only to different sex spouses, but also to registered partners, members of the household and partners, including same- sex couples and irrespective of nationality, on the basis of the principles of mutual recognition, equality, non- discrimination, dignity, private and family life; in this regard, calls the Commission to issue strict guidelines, in addition drawing on the analysis and conclusions contained in the Fundamental Rights Agency report;, and to facilitate as host Member States, in accordance with the host State's national legislation, the freedom of movement of other members of the household and registered partners not covered by the definitions listed in Article 2; in this regard, calls the Commission to issue strict guidelines;"
Amendment 79 #
Motion for a resolution
Article 6
Article 6
6. Notes that not all Member States have implementedReminds the Member States of Article 35 of Directive 2004/38/EC, which allows them to adopt the necessary measures to refuse, terminate or withdraw free movement rights in cases of abuse of rights or fraud, such as marriages of convenience, provided that such measures are proportionate and non- discriminatory and that procedural safeguards are respected, and draws attention to the possibilities provided by this Article;