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Citizens' Rights Directive In force since 29 April 2004

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC
32004L0038 · official text on EUR-Lex

Articles

Chapter I General provisions

• Article 1 — Subject
• Article 2 — Definitions
• Article 3 — Beneficiaries

Chapter II Right of exit and entry

• Article 4 — Right of exit
• Article 5 — Right of entry

Chapter III Right of residence

• Article 6 — Right of residence for up to three months
• Article 7 — Right of residence for more than three months
• Article 8 — Administrative formalities for Union citizens
• Article 9 — Administrative formalities for family members who are not nationals of a Member State
• Article 10 — Issue of residence cards
• Article 11 — Validity of the residence card
• Article 12 — Retention of the right of residence by family members in the event of death or departure of the Union citizen
• Article 13 — Retention of the right of residence by family members in the event of divorce, annulment of marriage or termination of registered partnership
• Article 14 — Retention of the right of residence
• Article 15 — Procedural safeguards

Chapter IV Right of permanent residence

Section I Eligibility

• Article 16 — General rule for Union citizens and their family members
• Article 17 — Exemptions for persons no longer working in the host Member State and their family members
• Article 18 — Acquisition of the right of permanent residence by certain family members who are not nationals of a Member State

Section II Administrative formalities

• Article 19 — Document certifying permanent residence for Union citizens
• Article 20 — Permanent residence card for family members who are not nationals of a Member State
• Article 21 — Continuity of residence

Chapter V Provisions common to the right of residence and the right of permanent residence

• Article 22 — Territorial scope
• Article 23 — Related rights
• Article 24 — Equal treatment
• Article 25 — General provisions concerning residence documents
• Article 26 — Checks

Chapter VI Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health

• Article 27 — General principles
• Article 28 — Protection against expulsion
• Article 29 — Public health
• Article 30 — Notification of decisions
• Article 31 — Procedural safeguards
• Article 32 — Duration of exclusion orders
• Article 33 — Expulsion as a penalty or legal consequence

Chapter VII Final provisions

• Article 34 — Publicity
• Article 35 — Abuse of rights
• Article 36 — Sanctions
• Article 37 — More favourable national provisions
• Article 38 — Repeals
• Article 39 — Report
• Article 40 — Transposition
• Article 41 — Entry into force
• Article 42 — Addressees