Europaudvalget 2015-16
Det Europæiske Råd 18-19/2-16 Bilag 3
Offentligt
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European Council
Brussels, 2 February 2016
(OR. en)
EUCO 8/16
NOTE
To:
Subject:
Delegations
Draft declaration of the European Commission on issues related to the
abuse of the right of free movement of persons
Delegations will find attached the draft declaration of the European Commission on issues related to
the abuse of the right of free movement of persons.
EUCO 8/16
1
EN
 Det Europæiske Råd den 18.-19. februar 2016 - Bilag 3: Brev fra formanden for Det Europæiske Råd og udkast til den pakke, som skal danne grundlag for en aftale om genforhandlingen af Storbritanniens forhold til EU
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DRAFT
DECLARATION OF THE EUROPEAN COMMISSION
on issues related to the abuse of the right of free movement of persons
The Commission notes the Decision of the Heads of State or Government, meeting within the
European Council, concerning a new settlement for the United Kingdom within the European Union
and notably its section D.
The Commission intends to adopt a proposal to complement Directive 2004/38 on free movement
of Union citizens in order to exclude, from the scope of free movement rights, third country
nationals who had no prior lawful residence in a Member State before marrying a Union citizen or
who marry a Union citizen only after the Union citizen has established residence in the host
Member State. Accordingly, in such cases, the host Member State's immigration law will apply to
the third country national. This proposal will be submitted after the above Decision has taken effect.
As regards situations of abuse in the context of entry and residence of non-EU family members of
mobile Union citizens the Commission will clarify that:
Member States can address specific cases of abuse of free movement rights by Union
citizens returning to their Member State of nationality with a non-EU family member where
residence in the host Member State has not been sufficiently genuine to create or strengthen
family life and had the purpose of evading the application of national immigration rules.
The concept of marriage of convenience - which is not protected under Union law – also
covers a marriage which is maintained for the purpose of enjoying a right of residence by a
family member who is not a national of a Member State.
EUCO 8/16
2
EN
 Det Europæiske Råd den 18.-19. februar 2016 - Bilag 3: Brev fra formanden for Det Europæiske Råd og udkast til den pakke, som skal danne grundlag for en aftale om genforhandlingen af Storbritanniens forhold til EU
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The Commission will also clarify that Member States may take into account past conduct of an
individual in the determination of whether a Union citizen's conduct poses a "present" threat to
public policy or security. They may act on grounds of public policy or public security even in the
absence of a previous criminal conviction on preventative grounds but specific to the individual
concerned. The Commission will also clarify the notions of "serious grounds of public policy or
public security" and "imperative grounds of public security". Moreover, on the occasion of a future
revision of Directive 2004/38 on free movement of Union citizens, the Commission will examine
the thresholds to which these notions are connected.
These clarifications will be developed in a Communication providing guidelines on the application
of Union law on the free movement of Union citizens.
EUCO 8/16
3
EN