INTERPRETACIÓN HOLÍSTICA DE LA SINTAXIS LÓGICA

and their family members to move and reside freely within the territory of the Member States ("The Citizenship Directive")193 Directive 2004/38/EC came into force on 30 April 2004. Members States are required to have transposed the Directive into national legislation by 30 April 2006. In order to comply with the Directive,

185 _{Article 12.}

186 _{Article 15(2) provides criteria similar to those in Article 5 re the first state of} residence. Member States may also, inter alia, require the applicant attend language courses, and provide documentary evidence of economic activity or evidence of enrolment in an accredited establishment in order to pursue studies or training. (Article 15(3) and (4))

187_{Article 16: If they were not family members in the first State, Directive 2003/86/EC} applies.

188_{Article 17: Such refusal cannot be based on economic considerations.}

189_{Article 18(3): Diseases contracted after issue of the first residence permit shall not} justify a refusal

190_{Article 21.} 191_{Article 13.} 192_{Article 3(2).}

193 _{OJ L 158, 30 April 2004, p. 77. While principally dealing with Union citizens’ rights} to free movement within the territories of the Member States, and not a Title IV measure Directive 2004/38/EC affects the legal status of non-EU nationals who are family members of Union citizens, as well as setting out rights of migrant EU citizens, and so is included in this section.

Ireland brought into force the European Communities (Free Movement of Persons) Regulations 2006 (S.I. No. 226 of 2006), which was in turn replaced by the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006).194

This Directive lays down the conditions governing the exercise of the right of free movement and residence within the territory of the Member States by Union citizens and their family members, the right of permanent residence in the territory of the Member States for Union citizens and their family members, and the limits that can be placed on these rights.195 _{The Directive seeks to codify, simplify and strengthen the}

previous Community instruments dealing with free movement and residence.196 _{It does not prevent Member States from providing for}

national provisions more favourable for the people concerned.197_.

The Directive applies to all EU citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who “accompany or join” them.198 _{EU citizens and}

their family members have the right to leave the territory of a Member State to travel to another Member State.199 _{Member States are required}

to grant EU citizens the right to enter another Member State with a visa

194 _{In light of the decision of the European Court of Justice in Case C-127/08, Metock} & Ors v Minister for Justice, Equality and Law Reform (Unreported, 25/07/2008), the Minister for Justice, Equality and Law Reform introduced the European Communities (Free Movement of Persons) (Amendment) Regulations 2008 (S.I. No. 310 of 2008) amending the 2006 Regulations. The 2008 Regulations remove from the 2006 Regulations the requirement that a non-EU family member must have been lawfully resident in another EU Member State prior to applying for a residence permit in Ireland. The 2008 Regulations amend Regulation 3(1) and (2) of the 2006 Regulations to read: “(1) These Regulations shall apply to— (a) Union citizens, (b) qualifying family members of Union citizens, who are not themselves Union citizens, and— (i) who seek to enter the State in the company of those Union citizens in respect of whom they are family members, or (ii) who seek to join those Union citizens, in respect of whom they are family members, who are lawfully in the State, and (c) permitted family members of Union citizens— (i) who seek to enter the State in the company of those Union citizens in respect of whom they are family members, or (ii) who seek to join those Union citizens, in respect of whom they are family members, who are lawfully present in the State.”

195_{Article 1.}

196_{Recital 3. C.f. Regulation (EEC) No 1612/68, Directives 64/221/EEC,} 68/360/EEC, 72/194/EEC, 73/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC, and 93/96/EEC.

197_{Article 37.} 198_{Article 3(1).} 199_{Article 4.}

or identity card or passport, and are required to grant non-EU national family members with a valid passport leave to enter their territory.200

Union citizens have a right of residence on the territory of a Member State for a period up to three months without any conditions. Family members of EU citizens who do not have the nationality of a Member State enjoy the same rights as the citizen spouse whom they accompany or join.201 _{Union citizens have a right of residence for more than three}

months if they (a) are workers or self employed in the Member State, (b) have sufficient resources not to become a burden on the State, (c) are enrolled at a private or public established and have sickness insurance, and (d) are family members accompanying or joining the Union citizen.202 _{Union citizens acquire the right of permanent residence in the}

host Member State after a five-year period of uninterrupted legal residence. Family members of the Union citizen who are not nationals of a Member State and who have lived with a Union citizen for five years also have a right to permanent residence.203

The Directive entitles family members, irrespective of their nationality, to be entitled to take up employment or self-employment.204 _Union

citizens and their family members enjoy equal treatment with the nationals of the Member State.205

Member States may restrict the freedom of movement of Union citizens and their family members on grounds of public policy, public security or public health. These grounds cannot be invoked to serve economic ends.206 _{Measures affecting freedom of movement and residence must}

comply with the proportionality principle and be based exclusively on the personal conduct of the individual concerned.207 _{Conduct giving rise}

to restrictions must represent a sufficiently serious and present threat that affects the fundamental interests of the State.208

200_{Article 5.} 201_{Article 6.} 202_{Article 7(1).} 203_{Article 16.} 204_{Article 23.} 205 _{Article 24.} 206 _{Article 27.} 207 _{Article 27(2).} 208_Ibid

4.2.1.6 Directive 2004/114/EC of 13 December 2004 on the