2011Unpublished venueRequires access

Chapter 6. Residence In The Other Member States: Article 14

Diego Acosta Arcarazo

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Abstract

This chapter analyses the free movement possibilities that long-term residents have to reside in another Member State. It looks at the provisions in the Directive, especially Article 14. The chapter considers its limitations, analysing whether those limitations were present in the Commission's proposal and paying special attention to criticisms by scholars. It compares the Directive with the provisions of Directive 2004/38, which are applicable to European citizens who move to another Member State. The chapter explains how Member States are implementing some of the limitations in the Directive, notably the possibility for Member States to apply national procedures regarding the requirements that status-holders have to fulfil in order to exercise an economic activity in a second Member State, and the option to apply integration measures in that second Member State. It evaluates how the CJEU could interpret some of the provisions and what the Commission could say about its implementation.Keywords:CJEU; European citizens; long-term residents

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What this paper is about

This chapter analyses the free movement possibilities that long-term residents have to reside in another Member State. It looks at the provisions in the Directive, especially Article 14. The chapter considers its limitations, analysing whether those limitations were present in the Commission's proposal and paying special attention to criticisms by scholars. It compares the Directive with the provisions of Directive 2004/38, which are applicable to European citizens who move to another Member State. The chapter explains how Member States are implementing some of the limitations in the Directive, notably the possibility for Member States to apply national procedures regarding the requirements that status-holders have to fulfil in order to exercise an economic activity in a second Member State, and the option to apply integration measures in that second Member State. It evaluates how the CJEU could interpret some of the provisions and what the Commission could say about its implementation.Keywords:CJEU; European citizens; long-term residents

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Available abstract

This chapter analyses the free movement possibilities that long-term residents have to reside in another Member State. It looks at the provisions in the Directive, especially Article 14. The chapter considers its limitations, analysing whether those limitations were present in the Commission's proposal and paying special attention to criticisms by scholars. It compares the Directive with the provisions of Directive 2004/38, which are applicable to European citizens who move to another Member State. The chapter explains how Member States are implementing some of the limitations in the Directive, notably the possibility for Member States to apply national procedures regarding the requirements that status-holders have to fulfil in order to exercise an economic activity in a second Member State, and the option to apply integration measures in that second Member State. It evaluates how the CJEU could interpret some of the provisions and what the Commission could say about its implementation.Keywords:CJEU; European citizens; long-term residents

Key concepts: Directive, Member state, Member states, Residence, Commission, European commission, Political science, Free movement

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