- Act No. 326/1999 Coll., on the Residence of Aliens in the Territory of the Czech Republic contains the Czech Republic’s transposition of Directive 2004/38/EC. See especially sections beginning with Chapter IVa “Residence of a European Union Citizen and Family Members in the Territory”
How well has the Directive been implemented?
- Conformity Study (Directive 2004/38/EC): Czech Republic (PDF file from 2008)
- Table of correspondence for Directive 2004/38/EC: Czech Republic (PDF file from 2008)
- Schengen Visa Rules and Border Entry for family of EU citizens
Problems with Czech Republic
- European Parlement Petition N° 545/2004 by Klaus Neidhardt (German) on the Czech Republic refusing entry to his Thai wife (Petition in EN, DE, HU, FR)
Case law has also been established by the Court of Justice in this connection. In its judgement of 25 July 2002 in Case C459-99 (MRAX) the Court ruled that, if Article 3(2) of Directive 68/360 and Article 3(2) of Directive 73/48 are not to be denied their full effect, ‘a visa must be issued without delay and as far as possible at the place if issue into national territory’ adding that, in view of the importance attached by the Community legislature to the protection of family life, ‘it is at any event disproportionate and therefore prohibited to send back a third country national married to a national of Member State where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148′.