European Ombudsman looks at EC handling of free movement complaints

The European Ombudsman has opened a case because the European Commission has not responded in a timely fashion to complaints from citizens regarding infringement of Directive 2004/38/EC.

Note that the Ombudsman is looking at why the European Commission has not responded in a timely fashion to the complaints from citizens, not directly at the contents of the complaints themselves.

Ombudsman Case: 0773/2011/OV

The Commission has not replied on the substance of the complainant’s infringement complaints SG/CDC(2008)A/5303, SG/CDC(2008)A/7022 and SG/CDC(2008)A/8172 after acknowledgements of receipts were sent to the complainant, respectively, on 4 July, 5 September and 28 October 2008.

The thread unsolved complaints with the European Commission 2004/38/EC outlines these complaints:

  1. Complaint SG/CDC(2008)A/5303 is about the Irish policy of only recognizing Irish-issued Residence Cards for visa free travel for family members of EU citizens.   A similar complaint was made about UK policy, but is not in the list of the Ombudsman.
  2. Complaint SG/CDC(2008)A/7022 is about Irish policy to require fingerprints of all applicants for a Residence Card (4EUFam).   (UK have a similar policy for applicants for an initial EEA visa).
  3. Complaint SG/CDC(2008)A/8172 is that the Irish and UK common travel area (CTA) illegally discriminates against other EU citizens and their non-EU family.
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