EU Residence Rights and Worker Posting Directive
EU Citizen’s Right of Residence
In no case may an expulsion measure be adopted against Union citizens or members of their family if:
- a) The Union citizens are workers or self-employed persons.
- b) The Union citizens entered the territory of the host Member State to seek work. In this case, the citizens of the Union or members of their families may not be expelled while the citizens of the Union can demonstrate that they are seeking employment and have real possibilities of being hired.
The right of residence and the right of permanent residence shall cover the whole territory of the host Member State. Member States may impose territorial restrictions on the right of residence or permanent residence when they are applied to their own nationals.
Posting of Workers in the Framework of the Provision of Services
Study of Directive 96/71/EC of the European Parliament and the Council of 16 December 1996. The impact of the jurisprudence of the ECJ.
- The Directive applies to undertakings established in a Member State which, in the framework of the transnational provision of services, post workers, as provided in paragraph 3, in the territory of a Member State.
- The family members of Union citizens, irrespective of their nationality, who have the right of residence or the right of permanent residence in a Member State, shall be entitled to work for themselves or others.
- The directive applies to the extent that companies referred to in paragraph 1 take one of the following transnational measures:
- a) Moving a worker on his own and under his direction, under a contract between the company of origin and the recipient of services operating in that Member State, to the territory of a Member State, provided there is an employment relationship between the company and the worker during the shift.
- b) Moving a worker to the territory of a Member State, in an establishment or a company belonging to the group.
Family members must not to become a burden on the welfare system of the host Member State during their period of residence, or
- d) is a family member accompanying a Union citizen, or will join him and meets the conditions referred to in points a), b) or c).
2. The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State, accompanying the Union citizen or joining them in the host Member State, provided that such Union citizen satisfies the conditions referred to in points a), b) or c) of paragraph 1.
3. For the purposes of point a) of paragraph 1, a citizen of the Union who is no longer engaged in paid employment or self-employment shall retain the status of worker or self-employed in the following cases:
- a) If he/she suffers a temporary disability resulting from an illness or accident.
- b) He/she is in duly recorded involuntary unemployment after having been employed for over a year and has registered in the relevant employment office to find a job.
- c) He/she is in duly recorded involuntary unemployment after completing a fixed-term employment contract of less than a year or after having become involuntarily unemployed during the first twelve months and has registered in the relevant employment office to find a job. In this case, the worker status is maintained for a period of not less than six months.
- d) If he/she is taking vocational training. Unless he/she is involuntarily unemployed, the maintenance of worker status shall require the training to be related to the previous employment.
Member States may not establish a fixed amount which they regard as “sufficient resources”, but they must take into account the person’s situation. This amount shall not exceed the level of resources below which the host Member State may grant assistance to its nationals or, if this criterion cannot be applied, the level of the minimum social security pension paid by the host Member State.