How well has the Directive been implemented?



  • Atanas Vlasakiev  On September 3, 2007 at 13:22

    I have problem with using that directive 2004/38/EC with Spain Embassy in Bulgaria. I’m Bulgarian but living in Spain with my father and we called the embassy to ask what we have to do to join my wife to my family(regrupacions) for documents and they told me that I cannot take her with me because i’m not working in Spain ..? She is Russian but with permament residency in Bulgaria ..What we should do ? Please help us..that is impossible..i can’t understant that discriminations..

    Thank you very much !

  • eumovement  On October 7, 2007 at 19:38

    On what basis are you in Spain? Your wife should always be able to join you in Spain, whether you are working or studying or are very wealthy. Contact Solvit!

  • Nesho Neshev  On April 17, 2008 at 09:37

    Hello,i am lieaving in Belgium 6 years already as a student.I aplly for permanent residance tree months ago on base of the directive 2004/38/EC,which says ” each member of the EU stays more then 5 years legally in the host EU country gets permanent residanse”,i got refusal like:we are very sorry but Bulgaria is not long enough in EU,so we can nto give you permanents residance…?
    Can someone help me out here,i think my rights as EU member are brocken,pls correct me if i am wrong…pls help,Regards

  • eumovement  On May 4, 2008 at 21:11

    Nesho, Contact https://eumovement.wordpress.com/help-eu-solvit/ for their assistance

  • Liuben Petrov  On June 10, 2009 at 18:45

    I have problem with using that directive 2004/38/EC
    in Bulgaria.
    I am a Bulgarian citizen. In August 2008 , Bulgarian border police at the Bulgarian-Greek border stopped me and did not allow me to leave Bulgaria. They told me I had a restriction on the freedom of movement based on Bulgarian law for personal documents Article 75 section 5 /from year 2006-before Bulgaria became a member state of EU/ for unpaid taxes above EUR 2500 .The restriction was in force from July 2001 to the present day.I was not informed at all about this restriction and so I was deprived of a court appeal to reverse the order.

    In my opinion as Bulgarian national, I must enjoy the status of an EU citizen. The right of freedom of movement includes the right for a citizen to leave the Member State of origin in order to enter freely another Member State. This right is not unconditional but limitations should be strictly interpreted. Directive 2004/38 states that Member States are entitled to restrict the freedom of movement of EU citizens on grounds of public policy, public security or public health.

    My question is :
    Is my restriction on freedom of movement in EU / for unpaid taxes/ not in conradiction with Directive 2004/38 Article 27.1,
    provided this restriction serves only economic ends ie collecting unpaid taxes ?
    Article 27
    General principles
    Subject to the provisions of this Chapter,Member States may restrict the freedom of
    movement and residence of Union citizens and their family members, irrespective of
    nationality, on grounds of public policy, public security or public health. These
    grounds shall not be invoked to serve economic ends – as is in my case -economic ends ie collecting unpaid taxes.

    Just for information I would like to add that according to local press currently 14 000 citizens of Bulgaria have the same restriction on travel for unpaid taxes and it is ground for corruption at the border crossings between Bulgaria /Romania and Bulgaria /Greece – if you pay EUR 200 to the border policeman he will not check your ID in the computer and let you leave the country as on internal EU borders of Bulgaria ID control in the computer system is not compulsory.

  • irelandsreversediscrimination  On April 17, 2010 at 02:50

    Click to access bulgaria_compliance_study_en.pdf

    Conformity Study for 2004/38/EC

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