Every EU citizen has the right to move freely with his/her family to another Member State in order to take up employment. Citizens who avail of this right are entitled to work in the host Member State under the same conditions as citizens of that country as regards pay, dismissal, promotion, holidays etc.

What is the definition of family for the purpose of availing of this right to work in another Member State?

The definition of family is set out in Directive 2004/38 and includes a worker's spouse and their descendants who are under the age of twenty-one years or are dependants and dependant relatives in the ascending line of the worker and his/her spouse. The definition includes also the partner with whom the EU citizen has contracted a registered partnership if the host state treats registered partnerships as equivalent to marriage.

Since Ireland does not yet treat registered partnerships as equivalent to marriage, the registered partner of an EU citizen would not have an automatic right to reside in Ireland under EU law.

There are a number of other categories of person who are regarded as beneficiaries under Directive 2004/38.  Member States are required to facilitate entry and residence for the following categories:

a)       family members other than those referred to above who in the country from which they have come are dependents or members of the household of the Union citizen having the primary right of residence or where serious health grounds strictly require the personal care of the family member by the EU citizen; and

b)       the partner with whom the Union citizen has a durable relationship, duly attested.

Is an EU citizen entitled to look for work in another Member State?

An EU citizen may seek work in another Member State and is entitled to remain in that Member State for a reasonable period of time while seeking employment. What is a reasonable period of time varies between Member States. It is generally accepted that a period of up to six months would be regarded as reasonable but certain Member States operate a shorter period. You should check the situation in the Member State in which you intend to remain while seeking work.

Will qualifications obtained in one Member State be recognised in other Member States?

For those who work in unregulated professions e.g. computer technicians, waiters, drivers etc, the qualifications obtained in one Member State should be recognised in another Member State.

Recognition of all regulated professions i.e. all those for which specific qualifications and experience are required is provided under Directive 2005/36/EC.  This Directive replaces fifteen existing Directives in the field of recognition of qualifications.  A number of changes have been introduced compared with the previous rules including greater liberalisation of the provision of services; more automatic recognition of qualifications and increased flexibility in the procedures for updating the Directive.

Where can I obtain further information on recognition of my qualifications in another Member State?

Further information on recognition of your qualifications in another Member State can be obtained through the following website:  http://ec.europa.eu/internal_market/qualifications/index_en.htm

Where can I obtain further information on recognition of my qualifications in Ireland?

The information point on recognition of qualifications in Ireland is Mr. Hugh Geoghegan, Higher Executive Officer, Qualifications Section, Department of Education and Science, Block 2, Marlborough Street, Dublin 1.  Telephone 01 889 6539. Email: hugh_geoghegan@education.gov.ie.

Is the working citizen and his/her family entitled to the same welfare benefits as nationals of the host country?

The employed citizen and his/her family are entitled to the same social security tax and accommodation benefits as working nationals of the country of employment. The citizen and his family cannot be excluded from these benefits on the grounds of nationality, for reasons of residence or for any other discriminatory reason. The European Court of Justice has decided that non-national workers cannot be excluded from receipt of special childbirth loans or minimum income allowances previously only available to nationals of the countries concerned.

Where can I obtain further information on my right to work in Ireland?

Further information on the right to work in Ireland may be obtained from the Department of Enterprise, Trade and Employment at www.entemp.ie.

Further information on the right to work in any other Member State may be obtained from EURES. This is a network co-ordinated by the European Commission, the public employment services of the Member States, trade unions, employers' organisations and local authority services. The network comprises approximately 500 advisers whose role is to assist job seekers providing them with information about living and working conditions abroad and facilitating exchange of information about vacancies and applications for employment.

European Union citizens have the right to stay in another Member State subject to certain conditions and limits. Citizens may stay in another Member State on holidays, if sent by an employer or if offering services as a self-employed person or if they have sufficient resources to support themselves and their family members and have comprehensive health insurance.

Under what circumstances may citizens live permanently in another Member State?

Citizens may live permanently in another Member State if employed or self-employed there and, if retired, having been employed or self-employed there.

Are students and retired people entitled to reside in another Member State?

Students and retired people may reside in another Member State only if they have sufficient financial resources and health insurance to ensure that they will not be a burden on the social security system in the host Member State.

Can jobseekers remain in another Member State while seeking employment there?

European Union citizens have the right to remain in another Member State for a reasonable period of time while looking for work. In the absence of a formal definition of a 'reasonable time', most Member States permit non-national citizens to remain on their territory for a period of six months while seeking employment. A citizen cannot be requested to leave the host Member State if he/she can prove that they are still genuinely looking for work and that they have a real prospect of finding a job.

Is an EU citizen entitled to benefits while seeking work in the host Member State?

Under Regulation 883/2004, according to the principle of exportability, which is one of the general principles of social security coordination, you are entitled to have your benefit paid in the Member State to which you move. The Member State which grants the benefit may not require you to reside on its territory as a condition for payment or for entitlement to the benefit.

However, not all cash benefits falling within the scope of the coordination regulation are exportable. The principle of exportability does not extend to special non-contributory cash benefits. These benefits are in principle only payable in the territory of the Member State where you reside and under the legislation of that State.

Likewise, unemployment benefits are in principle not exportable. The right to unemployment benefits is subject to the condition that you have to remain available to the employment market in the State where benefits are paid. In other words, you have to reside there. However, there is an exception to this exception,  limited in time to 3 months (extendable by the competent institutions or services to 6 months)If you were entitled to unemployment benefit in your home Member State, you may continue to draw benefit from that Member State for a period of up to three months and possibly six months, after the move to the host Member State. You must inform your national benefit office before departure and obtain the necessary forms. On arrival in the host Member State, you must register with the employment services in that country to be eligible for continued benefit. If you do not find work within the three or six month period, you must return to the country paying the benefit, otherwise you will lose your entitlement to unemployment benefit.

In what circumstances will a residence permit be required by the host Member State?

Residence permits are not required for EU citizens.  However, residence cards are required for non-EU family members and beneficiaries if they remain in a Member State for longer than three months.

If you, as an EU citizen, intend to remain for less than three months in the host Member State, you simply require a valid identity card or passport. The host country is entitled to ask you to notify your presence to the relevant authorities, though this will not be required in all Member States.

If you remain in the host Member State for longer than three months you may be required to register your presence in the host State. You will receive a registration certificate setting out your name and address and the date of your registration.

What documents will be required to register you in another Member State?

You will be required to present a valid identity card or passport together with a confirmation of engagement from an employer or a certificate of employment or proof that you are self-employed or, if not working, evidence of adequate resources and sickness insurance.

If you are a student, you will have to provide a valid identity card or passport together with proof of enrolment at an accredited college and proof also of sickness insurance and a declaration of means.

What about my family members who are not EU citizens, are they obliged to register their presence in Ireland and in other Member States?

Family members who are not nationals of an EU Member State are obliged to apply for a residence card in the host State, including Ireland, if they intend to remain for longer than three months. Further information on the issue of residence cards in Ireland can be obtained from the Immigration and Naturalisation Service at www.inis.gov.ie

EU citizens, with the exception of citizens from Ireland and the United Kingdom, have the right to enter and travel around any other Member State without having to comply with any special formalities. All that may be required is a valid passport or identity card.

Why are Irish and UK citizens required to present a passport when entering other Member States?

As neither Ireland nor the United Kingdom are parties to the Schengen Agreement, Irish and UK citizens must present a passport when entering other Member States.

Can a citizen of the European Union be restricted in his/her right to travel?

The right to travel to another Member State may be restricted only for reasons of public policy, public security or public health.

What can I do if my right to travel to another Member State or to a third country is restricted at the point of entry?

If you are an Irish citizen and your right to travel to another Member State or to a third country is restricted and you require advice or assistance, you should contact the Irish embassy or consulate in that country. If Ireland is not represented by an embassy or consulate, you have the right to seek assistance from the embassy or consulate of any of the twenty-six other Member States present in the country to which you seek entry. If you experience any difficulties in locating diplomatic or consular representation, you should contact the Department of Foreign Affairs. The telephone number is 01 4082308.

If you are a citizen of another country, you should contact the Embassy or Consulate of your home State in the country you seek to enter.

Will a driving licence issued in one Member State be recognised in other Member States?

A valid driving licence issued by one Member State will be valid throughout the European Union for the class or classes of vehicles for which it was issued in the Member State of origin.

Is it necessary to obtain additional car insurance when travelling to another Member State?

Your car insurance policy will automatically provide, at no extra cost, the minimum cover (third party liability) required by law. This applies in all Member States as well as Iceland, Norway and Switzerland.

If you have comprehensive insurance at home, you should check that the cover extends to travelling in other countries. You may also have to consider vehicle breakdown insurance.

What if I become ill or have an accident in another EU Member State? How do I obtain healthcare?

Before travelling you should obtain a European Health Insurance Card which is available from your local social security or sickness insurance office.   If you suddenly become ill or have an accident during a visit to any EU member State, Iceland, Liechtenstein, Norway or Switzerland, you can get free or reduced cost medical treatment on production of your European Health Insurance Card.

Will the European Health Insurance Card entitle me to all necessary medical care free of charge in another Member State?

Only publicly funded emergency treatment is included in the scheme. Since each country sets its own rules for medical care, necessary medical care is free in some countries. In other countries, you will be required to pay part of the cost while in others you will be required to pay the full cost and then claim a refund.

Where can I obtain the European Health Insurance Card?

The European Health Insurance Card is available free of charge to most Irish residents.  An application form may be obtained from your local health centre or post office.  Alternatively, you can download the form from the following website www.ehic.ie which also provides detailed information concerning use of the card.

Is it necessary to obtain travel insurance?

Since few countries pay the entire cost of medical treatment on production of the European Health Insurance Card, it is advisable to obtain travel insurance. It is important to remember that illness or an accident abroad may necessitate additional travel, accommodation and repatriation costs for which you will require insurance.

What are the current rules regarding liquids on flights?

Only containers of 100mls or less of liquids, gels, pastes, lotions and cosmetics may be brought through the passenger screening points at all European Union airports.  In addition, these items must be presented at the passenger security screening point in a transparent, re-sealable bag of no more than one litre capacity i.e. 20cmx20cm. 

The rules apply to liquids such as water and other beverages, aerosol cans and toiletries such as toothpaste, shaving cream, hair gel, lip gloss and creams.

There are two exceptions to the rules: baby food needed during the flight and medicines needed during the flight. These exempt items must be placed in a separate transparent re-sealable bag and presented separately at the passenger security screening area.

Where can I obtain further information on the rules concerning liquids on flights?

Further information on the rules concerning liquids on flights can be obtained here.

When travelling by air, do the airlines have any obligation to compensate me in the event of flight delay or cancellation?

When travelling by air for business or pleasure, EU law provides that you have certain rights regarding information, delays, cancellations, overbooking and damage to your luggage.  Many of the rules apply even if there are extraordinary circumstances which caused the flight disruption. The rights apply to scheduled domestic flights within the EU and to charter flights leaving or arriving at an EU airport. For flights arriving from outside the EU, these rights apply only to EU airlines.

If my flight is delayed, what are my rights?

If you check in on time for a flight and there is a significant delay, i.e. in excess of two hours, the airline must provide you with meals and refreshments, hotel accommodation, if necessary, and communication facilities.  The airline is also obliged to provide you with a written statement about your rights as a passenger.

If the delay exceeds five hours, the airline should offer to refund your ticket, but only if you decided not to take the delayed flight. There may be financial compensation for a delay if the delay is longer than three hours and could have been avoided if the air carrier had taken reasonable care.

If my flight is cancelled, what are my rights?

If your flight is cancelled due to reasons within the airline’s control, the airline should provide you with either a refund of your ticket or alternative transport to your final destination.  Under certain circumstances, and if the cancellation is not as a result of a force majeure incident, the airline is obliged to pay you financial compensation of between €250 and €600 depending on the length of the delay and distance of your flight.  The airline is also obliged to provide you with meals and refreshments, hotel accommodation, if necessary, communication facilities to enable you to telephone or email and a written statement about your rights as a passenger.

If I am denied boarding because the airline has overbooked the airplane, what are my rights?

If there are too many passengers booked for the seats available, the airline has to seek volunteers willing to give up their seats.  It is only then that the airline can decide not to take certain passengers on board.  It is then obliged to offer you financial compensation of between €250 and €600 depending on the distance of your flight and the delay before you obtain an alternative flight.  You are also entitled to meals and refreshments and hotel accommodation, if necessary.  In addition, you should be provided with communication facilities and a written statement about your rights as a passenger.

In the event that the airline refuses to acknowledge my rights where my flight is delayed or overbooked or cancelled, what can I do?

Each Member State has established an independent national body to deal with passengers’ complaints and any disputes they may have with airlines.  In Ireland, the body with responsibility for dealing with complaints from passengers about airlines is the Commission for Aviation Regulation.  The website address for the Commission for Aviation Regulation is www.aviationreg.ie/.

If my luggage is lost or delayed, what are my rights?

Whether your luggage is lost or delayed, the legislation covering this situation is the Montreal Convention.  Under this Convention, the liability of the airline in the event of lost or delayed luggage  is limited to 1,000 Special Drawing Rights (SDRs) per passenger. The value of a SDR will vary each day and is linked to exchange rates. To give an idea of its value, 1 SDR equalled approximately €1.13 on 6 May 2010.

If your luggage is delayed for less than twenty-one days, it is important to be aware that there are no set regulations stating the compensation payments for delayed luggage.  Most airlines take the view that once your bag has turned up you will have future use of the contents and refuse to make any compensation payments.

Some airlines offer immediate one-off cash payments at a set amount to cover emergency purchases until the delayed bag is delivered. Others will pay a set amount per day, up to a maximum number of days.

Other airlines do not make immediate cash payments, but prefer to reimburse a passenger’s expenditure on essential purchases and will often therefore insist on seeing receipts.

If your bag has still not been returned to you more than 21 days after your flight, the airline should treat it as lost and settle your claim on that basis.

What if the luggage is lost?

The Montreal Convention requires airlines to treat a bag as lost after twenty-one days. In assessing your claim, an airline may request an inventory of the items that were in the missing bag, and may also ask for original receipts.

Bearing in mind that the maximum liability of the airline will be 1,000SDRs, be prepared that the offer of compensation from the airline will be unlikely to match your claim in full. You will almost certainly find that your claim is reduced because of depreciation.

Is it possible to make a claim on my home or travel insurance?

You may find you can get a better settlement from your travel or home contents insurance even after allowing for any excess on the policy.

Your insurer will want evidence of the loss or damage. This may mean making a report to the local police, which should be done within 24 hours, if possible. If you have to replace any essential items that are lost, for example toiletries or clothing, make sure you ask for receipts, as you will probably need to provide your insurer with copies. Ask for receipts for any essential services that you need to pay for as well.

Are there any procedures to be followed to ensure that my claim for lost or delayed luggage is dealt with?

When you report a baggage problem at the airport, the airline or agent (there will not be separate service desks for every airline) should make out a Property Irregularity Report (PIR) and give you a copy. Your airline will want to see the PIR when making a claim. But it is not a legal requirement to have a PIR and an airline should not simply dismiss your claim without one.

The PIR does not itself constitute a formal claim. You will need to write to the airline, within certain time limits (see below), enclosing a copy of the PIR.

You may receive some money at this point for emergency purchases, although the amounts and rates can differ from one airline to another. If you have to make more purchases during this time, keep your receipts to add to your claim.

Are there any time limits to make a claim?

The Montreal Convention states that claims should be made to an airline in writing within specified time limits. The time limits are:

• damaged baggage – seven days from the receipt of the bags

• delayed baggage – twenty-one days from delivery

• lost baggage – no time limit specified in the Convention but we advise making a written complaint as soon as possible after the bag has been missing for twenty-one days.  Keep a copy of the complaint.

What if the luggage is damaged or items go missing from my luggage?

Where luggage is damaged, an air carrier will often ask for a written estimate for the cost of repairing the luggage.

In the event of any items going missing from luggage, it can be very difficult to get any compensation, often because it is almost impossible to prove that the items were there in the first place.

What if I have a general complaint whether about luggage or not in relation to my air travel?

If you have a problem and need to complain:

• Try to speak to someone on the spot. They might be able to sort out your problem straight away.

• If you are still not happy, try to find out who is responsible for what went wrong. (It may not be the airline).

• Make a note of staff names, times and any other relevant information. It might be useful, too, to ask for the names and addresses of other passengers who saw what went wrong.

• Put your complaint in a letter. Briefly explain what went wrong. Say what you expect to be done about your complaint. If you want compensation, say so, and say how much you expect.

• Be reasonable and stick to the facts. Address your letter to the customer relations department of the organisation whose services you are complaining about.

• If you are not satisfied with the response from the customer relations department, take your complaint higher.

Keep copies of all correspondence. Send copies of tickets or receipts with your first letter of complaint.  Keep the originals until you have a promise of a refund in writing (unless you can go to the travel agent or airline office yourself, and get the refund there and then).

Every EU citizen residing in a Member State of which he is not a national has the right to vote and to stand as a candidate in municipal and European Parliament elections under the same conditions as nationals of that State.

Are there formalities to be completed to avail of these electoral rights?

Some Member States may require you to register on the electoral roll. You may also be required to show identity documents and give your last address in your home Member State in order to verify that you are a citizen of the European Union. Voters in European elections may be required to demonstrate that they would be entitled to vote if they were living in their country of origin. Candidates standing in such elections may be required to demonstrate that they would be entitled to stand if still in their own country.

How can I register to vote in elections in Ireland?

You can check the electoral register and register to vote in Ireland through the following website:  www.checktheregister.ie

If EU citizens (or legal residents in the EU) consider that their rights are being ignored, they can

• petition the European Parliament on any rights issue with an EU dimension which involves any EU institution, national or local administration or

• appeal to the European Ombudsman about maladministration on the part of any EU institution or agency.

To visit the European Ombudsman's website for information on how to complain, to obtain a complaint form and for contact information http://www.ombudsman.europa.eu

Are there special forms to be completed to petition the European Parliament or appeal to the European Ombudsman?

Standard forms are available from the European Commission Representation in each Member State. It is also possible to lodge a petition with the European Parliament or appeal to the European Ombudsman simply by letter.

Petitions to the European Parliament should be forwarded to: The President, European Parliament, L2939 Luxembourg.

Appeals to the Office of the European Ombudsman should be forwarded to: The European Ombudsman, 1 Avenue du President Robert Schuman, F-67001 Strasbourg, France.

EU citizens (and legal residents in the EU) now have access to European Parliament documents virtually without restriction. Documents from the European Commission and the Council may be subject to certain restrictions.

Where can I find further details on my rights as a citizen of the European Union?

Further details on citizens' rights may be obtained from the Your Europe website.