POLICY BRIEF

Analysis of the Commission’s Guidance in Addressing the Obstacles to Free Movement (DIRECTIVE 2004/38/ EC)

Download the policy brief here (PDF)

This Policy Brief, developed by ECAS and FEANTSA, provides a summary of the main takeaways from an analysis of the European Commission’s Guidance on the right of free movement of EU citizens and their families, issued in December 2023. The Policy Brief outlines the areas successfully clarified by the Guidance, the areas which remain problematic with regard to freedom of movement in the EU legal framework, and how these challenges can be addressed.

Authors: Claire Morot-Sir, EU Rights Manager, ECAS & Sergio Pérez, Policy Officer, FEANTSA

Content

1. Introduction - Main takeaways from an analysis of the Guidance
2. Summary of the legal analysis of the Guidance 
2.1 Definition of freedom of movement beneficiaries
2.2 Entry and residence rights of family members of EU nationals
2.3 Calculation of the initial three-months period
2.4 Right of residence of more than three months
2.5 Right to equal treatment
2.6 Permanent residence
3.   Policy recommendations