Activities of Roberta ANGELILLI related to 2008/2184(INI)
Plenary speeches (1)
Application of Directive 2004/38/EC on the right of EU citizens and their family members to move and reside freely within the territory of the Member States (A6-0186/2009, Adina-Ioana Vălean) (vote)
Amendments (22)
Amendment 2 #
Motion for a resolution
Citation 5
Citation 5
Amendment 5 #
Motion for a resolution
Citation 6
Citation 6
Amendment 12 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas under the provisions of Article 64 of the EC Treaty the Treaties do not affect the exercise of the responsibilities incumbent on Member States with regard to the maintenance of law and order and the safeguarding of internal security,
Amendment 14 #
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 DirectiveMember States have failed to transpose Directive 2004/38/EC fully and accurately,
Amendment 18 #
Motion for a resolution
Recital O
Recital O
O. whereas Parliament's Legal Service, which was consulted by the Committee on Civil Liberties, Justice and Home Affairs on this subject, concluded that national legislation providing that it is anthe relevant provisions of Community law preclude national legislation deeming it a general aggravating circumstance in relation to a criminale or an offence committed by a Union citizen if that citizen had previously been illegally staying in another Member State, is not compliant with Community lawfor the person in question to be a citizen of one Member State illegally present on the territory of another Member State,
Amendment 24 #
Motion for a resolution
Recital S - indent 1
Recital S - indent 1
– restrictivthe 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 25 #
Motion for a resolution
Citation S - indent 1 - footnote
Citation S - indent 1 - footnote
Amendment 28 #
Motion for a resolution
Citation S - indent 2 - footnote
Citation S - indent 2 - footnote
Amendment 30 #
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 32 #
Motion for a resolution
Recital S - indent 4
Recital S - indent 4
- the interpretation by Member States of the expression "serious/imperative grounds of public policy and public security" and in what cases and on what grounds it can justify an expulsion order (Articles 27 and 28 of the Directive) vary from one Member State to the other, are unclear and could lead to abuse (targeting of citizens of a certain Member State) or are of dubious conformity with the Directive (for instance, automatic expulsion mechanisms), and are unclear
Amendment 34 #
Motion for a resolution
Citation S - indent 4 - footnote
Citation S - indent 4 - footnote
Amendment 38 #
Motion for a resolution
Recital S - indent 5 - footnote
Recital S - indent 5 - footnote
Amendment 42 #
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 condemnedundermines the Directive itself, and whereas suchthis 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 47 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out, nonetheless, that under the provisions of Articles 18 and 64 of the EC Treaty the Member States retain the right to exercise their responsibilities with regard to the maintenance of law and order and the safeguarding of internal security;
Amendment 54 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to fully implement the rights granted 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;
Amendment 58 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls, however, as is stated in a legal opinion commissioned by Parliament, that "it falls to each Member State to determine whether or not, and under what conditions, it recognises the legal status of both homosexual and heterosexual couples under the law of another Member State;
Amendment 60 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls also, as is stated in the legal opinion commissioned by Parliament, that to date there is no rule of Community law governing the recognition for the purposes of private international law by one Member State of the validity of a marriage, homosexual or heterosexual, contracted in another Member State;
Amendment 61 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that the situation of registered partners covered by the directive is not always clear, in particular in countries where registered partnerships are not recognised, and points out that family law is the exclusive preserve of the Member States;
Amendment 63 #
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Notes the lack of legal certainty in the large number of cases of abuses of rights, forced marriages and marriages of convenience that have arisen;
Amendment 74 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on Member States not to introduce legislation that imposes disproportionate or discriminatory sanctions on Union citizens, such as imprisonment in the event of expulsion from the territory of the host Member State, providing that it is an aggravating circumstance in relation to a criminal offence committed by a Union citizen if that citizen had previously been illegally staying in another Member State or providing that the automatic consequence of a criminal conviction is expulsion;
Amendment 80 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that not all Member States have implemented 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;
Amendment 82 #
Motion for a resolution
Paragraph 8
Paragraph 8