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We are working on a new version of the portal that will make it easier for you to find the information you need to exercise your rights in the EU. At present, therefore, the information available in these pages may not be up-to-date. To find out about your rights during this transitory period you can send your question to Europe Direct.
Working in another EU country (European Union)
- INTRODUCTION
- I. IF YOU ARE LOOKING FOR WORK
- II. IF YOU ARE AN EMPLOYEE
- III. IF YOU ARE SELF-EMPLOYED
- IV. IF YOU HAVE GIVEN UP WORK
- V. TRANSITIONAL PROVISIONS FOR FREE MOVEMENT OF WORKERS
- VI. HOW TO GET YOUR RIGHTS RECOGNISED AND ENFORCED
Top
INTRODUCTION
This guide tackles a number of questions you may wish to ask, depending on your employment situation.
As a citizen from a Member State of the European Union, you have the right to work in whichever Member State you want as a salaried employee or a self-employed individual, to look for work, or to retire. You should receive the same treatment as any national of this country. Certain rights that you enjoy by virtue of your status as an EU worker can be extended to your spouse and to the members of your family.
It is important to note that following the recent enlargement of the EU, there is a transitional period of maximum seven years during which Community law relating to free movement of workers will not yet apply fully across the enlarged EU. Consequently, during the transitional period, workers from some of the States which recently joined the EU may face restrictions on access to the labour markets of the previous Member States (EU-15), whilst workers from the EU-15 may face reciprocal restrictions in some of the new Member States (see Chapter V, ‘Transitional provisions for free movement of workers).
NB: In this guide, the terms ‘country’, ‘State’ and ‘Member State’ are used interchangeably to mean the Member States of the European Union, which are: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. Other countries or States are referred to as ‘third countries’. In addition, as a result of the agreement on the European Economic Area (EEA), virtually all of the rights mentioned in this guide also apply to the people of Iceland, Norway and Liechtenstein and to nationals of those three countries working in an EU Member State.
TopI. IF YOU ARE LOOKING FOR WORK
TopACCESS TO EMPLOYMENT
You are entitled to be recruited under the same conditions as nationals of the country in which you are seeking work and cannot be asked to meet any additional requirements. Where applicable, you will also enjoy the same preferential treatment concerning access to employment. This means you can apply for any job vacancy advertised in any EU country. However, certain public service posts may be restricted to nationals of a particular country where the job in question involves safeguarding public order or the interests of the State (e.g. the armed forces, police, judiciary, tax administration, diplomatic service, etc.).
So, in addition to the jobs available in the private sector, most public sector jobs in health, education and public services (such as gas and electricity supply, post and telecommunications, television and radio broadcasting, public transport — including airline and shipping companies), as well as research for civil purposes, are open to all EU nationals (see also the factsheet on ‘Right of access to employment’).
Please note however that your right to access to employment in another EU Member State may be subject to the transitional provisions agreed in the context of the recent enlargement of the EU (see Chapter V, ‘Transitional provisions for free movement of workers’).
TopRECOGNITION OF PROFESSIONAL QUALIFICATIONS
The basic principle is that, if you are qualified to exercise a profession in your home country, you are qualified to exercise the same profession in any other EU country.
In practice this principle may be difficult to apply as diplomas, titles, certificates or other qualifications specified by the host country are required for access to certain types of employment or self-employed occupations (the ‘regulated professions’). There can be significant differences between the training provided and the diplomas awarded in the various countries, with the result that it can sometimes be difficult to have your training and skills fully recognised.
The Union has therefore set up systems for recognising diplomas and training that enables you to make full use of your training and skills in another EU country.
Thus, there are two possibilities.
- Your profession is not regulated in the country in which you wish to work, so no recognition of your qualifications is necessary and you cannot be legally prevented from going and working there on the grounds of your training or qualifications.
- Your profession is regulated. Here, in turn, there are four possibilities:
- the qualifications for your profession have been coordinated at EU level (doctor, general nurse, dentist, midwife, veterinary surgeon, pharmacist or architect), in which case your national qualifications will, in principle, be recognised automatically, allowing you to practice in any other EU country;
- If you practice as a lawyer in a Member State, you can provide service on an occasional basis in another Member State, under your home-country professional title, without prior recognition of your qualification. You can also practice in another Member State, on a permanent basis, with your home qualification. In both cases, the host Member State can require you to work in conjunction with local lawyers who practise before the judicial authority in question, when representing clients in legal proceedings. You have, in any case, to comply with the professional and ethical rules in force both in the host country and in the state of origin. After three years of permanent exercise of the activity under your title of origin in the host country, you can, if certain conditions are met, obtain professional recognition while benefiting from an exemption from the aptitude test normally required for access to the legal professions.
- In the case of the other regulated professions (engineer, psychologist, etc.), you must apply for recognition of your qualifications in the country in question. The authorities have four months in which to reply. If your training is significantly different, in terms of duration or content, from that given in the host country, the authorities may require either evidence of additional professional experience, an adaptation period or an aptitude test. Only one of these three complementary measures can be imposed. Obviously, if your actual qualifications and your entire professional experience are taken into account, this may make it easier to have your diplomas recognised.
- The country where you wish to work may require special qualifications for occupations such as hairdresser, construction worker, insurance agent or broker, or trader. In these cases, you only have to prove that you have practised your profession as a self-employed person for a period of time specified by the Member State concerned (generally 5 or 6 years). This period of time can however be reduced if you have followed training or practiced your profession on an employed basis. If you do not have professional experience for the required period of time, you will only be able to practice your profession after having obtained the recognition of your diploma.
For further information, see the practical fact sheet on ’Recognition of qualifications’.
TopJOB-SEEKING
If you are unemployed, you have the right to live in another EU country for a ‘reasonable period’ of time in order to look for a job. In the absence of a Community provision defining a ‘reasonable period’, most Member States are now taking this to be six months, though it is still three months in some Member States. You are advised to check the exact situation with the national authorities in the Member State in which you are looking for work. However, you can extend your stay if you can prove that you are still genuinely looking for a job and that you have a real chance of finding one (for example, after interviews or tests that you have yet to attend). You can register at employment agencies of your choice without having to meet any residence requirements, and you will be given the same help to find work as nationals of the country in question.
You may also continue, for up to three months, to draw any unemployment benefit you may have been receiving, provided you meet certain conditions. For example, if you have been drawing unemployment benefit in France you can continue to do so while looking for work in another Member State, provided you have been registered with the National Employment Agency (Agence Nationale pour l’Emploi — ANPE) for at least four weeks. The agency will issue you with form E 303, which you must fill in and take to the employment services in the country in which you are seeking work. However, if you do not find work and wish to retain your right to unemployment benefit, you must, within three months, return to France and register with the employment services.
Anyone looking for a job, or anyone who has found a job in another Member State, can use the EURES network, which was established by the European Commission and national employment departments. This network comprises 450 ‘eurocounsellors’ throughout the European Economic Area. These eurocounsellors are specially trained to provide information and advice and to find jobs for people. They can be contacted through employment agencies.
If you have found paid employment in any EU country, you have the right to leave your own country without going through any special formalities. You will simply need a valid identity card or passport. This right can be limited only for serious reasons linked to public order, public security or public health. For more information, see the factsheet on ‘Looking for work’.
Please note however that your right to access to employment in another EU Member State may be subject to the transitional provisions agreed in the context of the recent enlargement of the EU (see Chapter V, ’Transitional provisions for free movement of workers’).
TopPROTECTION OF PERSONAL DATA
You may sometimes be asked by the authorities or by an employer, or when taking certain tests, to provide personal information. All Member States have rules covering the protection of personal data, but the arrangements for such protection vary from one country to another.
In order to enable the smooth functioning of the single market, the EU guarantees the free flow of data, while protecting individuals against any violation of their privacy. This is why EU-wide legislation, intended to establish a common level of data protection and guarantee certain rights throughout the EU, has been adopted. This legislation also applies to data processing in the electronic communication sector. The guarantees cover, in particular, the right to be informed about the use of the data, the right to correct data and, in certain cases, the right to give prior agreement to the use of personal data.
For details of these Community or national provisions, contact the authorities responsible for data protection in your home country.
For further information on this subject, please see the guide ‘Data protection in the European Union’.
TopII. IF YOU ARE AN EMPLOYEE
TopRIGHT OF RESIDENCE
Working in another EU country gives you the right to live there. For a stay of over three months, this right is confirmed by issuing an EU nationals’ residence permit (for more information, see the factsheet on ‘Right of residence’).
TopNEW PROVISIONS ON FREEDOM OF MOVEMENT AND RESIDENCE
On 29 April 2004 the European Parliament and the Council adopted a Directive aiming to update existing legislation on freedom of movement and residence, to facilitate the mobility of citizens within the European Union1. Member States are required to bring into force the laws, regulations and administrative provisions necessary to comply with the directive before 30 April 2006.
The directive brings together the content of the existing nine Directives and one Regulation as well as the relevant case-law into one single legislative instrument which will give this right more transparency and make it easier to apply, both for our citizens and for national administrations.
In accordance with the new directive, administrative formalities will be reduced. EU citizens will no longer need to obtain a residence permit in the Member State where they reside: a simple registration with the competent authorities will be enough, and even this will only be required if it is deemed necessary by the host Member State.
The Directive maintains the requirement that EU citizens need to exercise an economic activity or dispose of sufficient resources in order to take up residence in another Member State. However, after five years of uninterrupted residence, Union citizens and their family members will acquire a permanent right of residence, which will no longer be subject to any conditions. This permanent right will be a clear expression of a European citizenship, allowing EU citizens who have developed strong links with the Member State of residence to enjoy stronger rights.
The Directive also seeks to facilitate the movement of family members. For instance, family members who are nationals of third countries will benefit from better rights, for example in the event of the death of the Union citizen on whom they depend or the dissolution of the marriage.
The Directive guarantees a substantial reduction in the possibilities for expulsion of EU citizens and their family members who have acquired a right to permanent residence in the host Member State and more extensive protection for EU citizens who have strong links in the host Member State and for minors.
TopRECOGNITION OF PROFESSIONAL QUALIFICATIONS
See ‘Recognition of professional qualifications’ in the section on ‘If you are looking for work’.
TopCONDITIONS OF EMPLOYMENT
You are subject to the same working conditions as nationals of the country you are working in as regards pay, dismissal and reintegration, as well as measures to protect health and safety at the workplace. You are also subject, like the host-country nationals, to the principle of equal opportunities between men and women as regards access to employment, pay, vocational training, promotion, working conditions and social security.
TopTRADE UNION RIGHTS
You have the right to join the trade union of your choice and to exercise your union rights on the same conditions as host-country employees. You may therefore vote to elect union representatives, or stand as a candidate yourself. If elected a union representative, you have the same rights and privileges as representatives who are nationals of the country in which you are employed.
TopSOCIAL SECURITY
Community rules do not seek to harmonise national social security systems, but rather to coordinate them. The basic aim is to ensure that you are affiliated to a single social protection scheme and that you lose none of your rights (particularly with regard to retirement), regardless of the Member State you decide to work in.
In principle, you are insured in the country you work in. You, and in certain circumstances, your family, are entitled to the same social security benefits as nationals of the host country. These rights cover sickness and maternity benefits (healthcare and financial benefits), disability, old-age and widow’s/widower’s benefits, benefits payable for accidents at work, occupational illness, death and unemployment, as well as family allowances. You must also pay the same contributions.
Social assistance, non-statutory supplementary pensions and early-retirement pensions are not covered by Community rules.
There are specific rules for certain categories of people, for example:
- if you are a cross-border worker, i.e. if you live in one EU country but work in another and you go home at least once a week, there are special rules on healthcare and unemployment benefits; or
- if you are temporarily posted by your employer to work in another Member State, you may, under certain conditions and for a limited period, still be insured in the Member State in which you normally work.
When assessing whether you are entitled to social security benefits in your country of employment, any periods of insurance or employment in another EU country will be taken into account. There are special rules governing periods under a special system of social security applicable to civil servants or equivalent. If you receive a retirement, invalidity or survivor’s pension in one EU country, you have the right to receive your pension in another Member State if you go and live there.
You should ask your local social security office for information on your particular individual or family circumstances. The Commission has also published two brochures explaining the Community rules on social security coordination (for further details see the factsheets on ‘Social security’).
TopWELFARE BENEFITS
You and your family are entitled to the same social assistance benefits as nationals of the country of employment as soon as you begin to work in that country. You cannot be excluded from these benefits on grounds of nationality, for reasons of residence, or for any other discriminatory reason. So if the country of employment gives its nationals interest-free loans on the birth of a child, or guarantees its nationals a minimum income, you are entitled to those benefits. You also have the same rights as nationals of the country of employment with respect to accommodation (for example, access to local authority housing). Since social benefits are established by each individual Member State, they vary from one country to another. You should therefore apply to the national authorities of the country where you are working for precise information on the social benefits granted in that country (see also the factsheet on ‘Welfare benefits’).
TopTAXES
You should be aware that, by working in another Member State, and by transferring your residence to that Member State, you will usually become ‘resident for tax purposes’ there. The definition of fiscal residence varies from one Member State to another. You must consult the laws of both the country where you have established your residence and your country of origin in order to find out where you are resident for tax purposes.
Bilateral tax conventions have been concluded between Member States of the Union, particularly with a view to avoiding double taxation. In these bilateral tax conventions, the right to tax different types of income is allocated between the host country and the country of origin. These agreements also make it possible to determine where people are resident for tax purposes if, according to the legislation of the host country and the country of origin, they could be considered as being resident in both countries. Bilateral conventions determine which of these two countries is obliged to eliminate the international double taxation and which method (eg. credit-method or exemption-method) is applicable. People resident for tax purposes in an EU country must normally declare there all of their income. In case of double residence the declaration must be made in both countries. They may also be subject to other taxes such as wealth tax or inheritance tax. If you remain resident for tax purposes in your Member State of origin, your remuneration is normally taxable in the State where your work is carried out. Account must, however, be taken of the features of certain tax conventions concluded between Member States, such as those that provide for special rules applicable to people living in the border area of one country and working in the border area of another. The remuneration of public servants is normally taxable in the Member State of origin.
The rules on income tax and other taxes such as wealth tax and inheritance tax are not harmonised at Community level. Because of this, the ways in which taxes are applied, and particularly the rates, can vary significantly from one country to another.
In general, national tax rules must respect the fundamental principle of non-discrimination against people from other EU Member States in identical situations to nationals. One of the implications of free movement is that employees whose income is taxed primarily in a country other than that in which they are resident are entitled to the same tax treatment as residents of that country. This applies to both income tax and tax allowances. The practical application of this principle has been the subject of several judgments by the Court of Justice of the European Communities.
In order to find out the country in which your pay and other income are taxable, and at what rates, you can contact the tax authorities in the countries concerned. You should consult advisers or the tax authorities in the country where you are currently residing as well as in the country in which you plan to live. The tax authorities can also tell you about any formalities you need to complete. In this way, account will be taken of your professional, personal and family situation (see the factsheet on ‘Taxes’).
TopFAMILY
Members of your family, whatever their nationality, have the right to accompany you or to join you in your country of employment. Your family is defined as your spouse and your children under 21 (or older if they are dependent on you), as well as your parents and your parents-in-law, if they are also dependent on you. As for other members of your family, the country where you are working is obliged to ‘consider favourably’ any applications from them to join you.
Members of your family accompanying you will receive a residence card or document which is valid for the same length of time as yours. Your spouse and children also have the right to work without restriction in your country of employment if they wish to.
Family members are entitled to have access to the general and vocational education available in your country of employment. Your children also have the right to benefit from the same education grants as are available to other children in that country (for more information on education, see the factsheets on ‘National education systems’).
The country of employment may ask members of your family who come from a non-EU country to produce an entry visa. This visa will be granted with a minimum of formalities and free of charge by the competent consular authorities.
TopWORKERS POSTED TO ANOTHER EU COUNTRY
You have certain specific rights if you are a ‘posted’ worker, i.e. you are in work for a limited period of time at your employer’s request in a Member State other than the one where you normally work.
If you are to be posted for a period of more than a month, your employer must inform you in writing, before you leave, of your pay and working conditions while you are abroad.
You will usually remain affiliated to the social security scheme of your country of origin (see above). As regards taxation of your income, the tax conventions concluded between Member States of the EU generally provide that the pay of posted workers may, on certain very precise terms, continue to be taxed in the country where they are normally resident. One of these conditions is that the time spent by workers in the Member State to which they have been posted must not exceed 183 days over 12 months (normally any period of 12 consecutive months). Another condition is that the remuneration paid to the employee is not paid or borne by the employer resident in the host country or by employers permanent established in the host country.
For more information, you are advised to contact the tax authorities of the Member States concerned (see also the section on ‘Taxes’ above).
TopCROSS-BORDER WORKERS
If you are a cross-border worker, i.e. if you live in one EU country but work in another and you go home at least once a week, you must be treated in the same way as an employee who is a national of the country of employment, particularly as regards the right to apply for jobs, working conditions and social benefits.
However, under the tax conventions concluded between the Member States in question, your pay may be taxed in either or both of the countries. In the latter case, the tax paid in one country will be taken into account when the amount payable in the other is being determined (for further details, see the fact sheet on ‘Cross-border workers’).
TopPROTECTION OF PERSONAL DATA
See the same section under Chapter I, ‘If you are looking for work’.
Top
III. IF YOU ARE SELF-EMPLOYED
You have the right to work as a self-employed person in any EU country, either permanently or temporarily.
TopRIGHT OF ESTABLISHMENT
You can establish yourself permanently in another country for the purpose of any industrial or commercial activity or to practise a trade or profession in either of two ways:
- by transferring or setting up your main centre of personal, professional or business interests there; or
- by setting up a fixed professional structure there that is secondary to your main centre of activities.
In both cases, you are subject to the same rules in the conduct of your business as applies to nationals of the country.
TopFREEDOM TO PROVIDE SERVICES
If you choose to offer your services in another country without establishing yourself there permanently and comply with the rules of the profession or trade that apply in your own country, you can, in principle, offer those services anywhere else in the EU. You can therefore travel to assist clients located in another country, or you can provide paid services from your country of residence without travelling there (for example, by giving advice or carrying out studies and using fax, mail or telephone for communication purposes).
Also, depending on whether you establish yourself permanently or not, you enjoy (by analogy) the same rights of residence, social conditions and prerogatives as those described above in the section on employees.
Please note however that following the 2003 Accession Treaty, Austria and Germany are entitled to apply transitional provisions restricting the cross-border provision of services in certain sensitive sectors (see Chapter V, ‘Transitional provisions for free movement of workers).
TopRIGHT OF RESIDENCE
As in the case of employed persons, working as a self-employed person in another EU country gives you the right to live there. For a stay of over three months, this right is certified by issuing an EU nationals’ residence permit. In the near future, a simple registration with the competent authorities will be enough (for more information on the right of residence, see Chapter II, "New provisions on freedom of movement and residence" and the factsheet on ‘Right of residence’).
TopRECOGNITION OF PROFESSIONAL QUALIFICATIONS
The same principles apply whether you are self-employed or employed (see ‘Recognition of diplomas’ in the section on ‘Job-seeking’).
Some EU countries may require special qualifications for occupations such as hairdressing, construction worker, insurance agent or broker, or trader. In these cases, you only have to prove that you have practised your profession as a self-employed person for a period of time that has been specified by the EU (generally five or six years).
If your profession is not regulated in the country in which you want to work, no recognition of your qualifications is necessary and you cannot be legally prevented from going and working there on the grounds of your training or qualifications.
TopSOCIAL SECURITY
Depending on whether you decide to establish yourself professionally and live in another Member State, or to offer your services from your home country, the same principles apply whether you are employed or self-employed (see section on ‘Social security’ under Chapter II, ‘If you are an employee’ and the corresponding fact-sheet).
TopWELFARE BENEFITS
The same principles apply whether you are employed or self-employed (see ‘Welfare benefits’ under Chapter II, ‘If you are an employee’ and the corresponding fact-sheets).
TopTAXES
Income derived from a commercial or industrial activity, or from a liberal profession, is generally taxable in the country where you are resident for tax purposes (see the section on taxes for employees).
However, if your business activities are considered to constitute a permanent establishment (for industrial or commercial activities) or a fixed base (for liberal professions) in another Member State, your income regarding that permanent establishment or fixed base will be taxable in that Member State.
For more information, you are advised to contact the tax authorities of the Member States concerned (see the fact sheet on ‘Taxes’ for further details).
TopPROTECTION OF PERSONAL DATA
See the same section under Chapter I, ‘If you are looking for work’.
TopIV. IF YOU HAVE GIVEN UP WORK
If you have worked in another EU country, you are entitled to stay there provided you meet one of the following two conditions:
- you have reached retirement or pre-retirement age and lived in the host Member State continuously for more than three years, and have worked there for the last 12 months (or you have lost your job in that time). Certain categories of self-employed workers are not entitled to an old-age pension. Retirement age is then considered to be 65 in some Member States; or
- you are permanently incapable of work because of an accident sustained during your working life. In this case, you may stay if you had been employed and living in the country for at least two years before being incapacitated. If your disability entitles you to compensation payments from an institution in that EU country, you have the right to stay there, even if you have only lived or worked there for a week.
You must claim your right to stay within two years. You will then be entitled to be treated in the same way as a national (in relation to housing, social security, children’s education, etc.), just as when you were working.
The members of your family who are living in the country also have the right to stay, even after your death. If you die before establishing the right to stay in the host country, members of your family may still continue living there if one of the following conditions is met:
- you had worked and lived in the country for more than two years;
- death was caused by an accident at work or an occupational illness;
- your spouse originally came from the host country and lost his or her nationality only through marriage to you.
V. TRANSITIONAL PROVISIONS FOR FREE MOVEMENT OF WORKERS
Access by workers from the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia to the labour market of the other Member States (EU-15) is subject to transitional arrangements set out in their Accession Treaty to the EU.
For the first two years following the accession, such access will depend on the national law and policy of the previous Member States (EU-15). In practical terms, this means that a worker from one of the new Member states listed above is likely to need a work permit.
National measures may be extended for a further period of three years. After that, an old Member State can be authorised to continue to apply national measures but only if it experiences serious disturbances in its labour market.
The transitional arrangements cannot extend beyond an absolute maximum of seven years.
Workers from the Member States that joined the EU on 1 May 2004 and who are subject to transitional arrangements must be given priority over workers from third countries. Once the worker has obtained access to the labour market, he/she benefits from equal treatment.
Member States that joined the EU on 1 May 2004 and whose nationals face restrictions in one of the EU-15 Member States may impose equivalent restrictions on workers from that Member State.
The Treaty of Accession of Cyprus contains no restrictions on free movement of workers. With regard to Malta, there is only the possibility of invoking a safeguard clause.
Finally, pursuant to the 2003 Accession Treaty, Austria and Germany are entitled to apply transitional provisions restricting the cross-border provision of services in certain sensitive sectors, such as construction and industrial cleaning.
TopVI. HOW TO GET YOUR RIGHTS RECOGNISED AND ENFORCED
If, as an employed person, you have a dispute with your employer, you are entitled to defend your rights. All Member States have special judicial bodies to deal with this kind of problem. In some cases, you can also obtain help and legal advice from associations or trade unions. If you consider that national, regional or local authorities have wrongly interpreted or applied your rights or that you or members of your family have been victims of discrimination, you can lodge a complaint. If you are not satisfied with the response, there are other ways to enforce your rights.
You may first need personalised advice on your European Union rights. For this, you can contact the Citizens Signpost Service, a fast and effective advice service which is provided free of charge in all official languages of the European Union. The legal experts of this service will provide practical information and advice on your rights and signpost you to the most appropriate body at European or national level which can assist you in solving the problem.
For more information on Citizens Signpost Service, please consult the following pages: http://ec.europa.eu/citizensrights/front_end/index_en.htm.
We would advise you to begin by contacting the authority concerned. If you still get no satisfaction, there are other steps you can take.
If your case has a cross-border element you can submit it to your national SOLVIT Centre. SOLVIT is a network of national problem solving centres created and supervised by the European Commission. SOLVIT deals with cross-border problems caused by incorrect application of EU rules by public authorities. It aims to find practical solutions within ten weeks and is free of charge. For further information on how to submit a case, see europa.eu/solvit
You may also decide to start a more formal procedure at national level. National courts are fully empowered to ensure that rights based on Community law are respected and, where necessary, to set aside any measure which infringes it. They may also award you compensation.
Furthermore, there are also ways of raising your case more formally at Community level.
For example, you can complain to the European Commission (see http://ec.europa.eu/secretariat_general/sgb/lexcomm/ ). If the Commission considers your complaint well founded, it can contact the national authorities concerned to ask for an explanation and to request that the infringement of Community law be terminated. If the Commission is not satisfied with the response it receives, it can open infringement proceedings against the EU country concerned. This may lead to the case being referred to the European Court of Justice. Be aware that such procedures may take a very long time and that SOLVIT may be able to help you a lot faster.
You may also present a petition to the European Parliament (see http://www.europarl.europa.eu/parliament/public/petition/submit.do ) or raise your case with a Member of the European Parliament, who can put questions to the Commission and the Council. The replies to such questions are published.
You can also contact the European Ombudsman (see http://www.ombudsman.europa.eu ), but only if your complaint concerns administrative irregularities or omissions on the part of one of the Community institutions (e.g. the European Parliament, the Council or the European Commission), or by any decentralised body of the Community (e.g. the European Training Foundation). The European Ombudsman cannot deal with complaints concerning national or local administrations.
1Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of the citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) n° 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. Official Journal L 158 of 30 April 2004 (corrigendum published in the Official Journal L 229 of 29 June 2004).
Neither the European Commission nor any person acting on behalf of the Commission is responsible for the use which might be made of the following information.
Last update: 2005
Reproduction is authorised provided the source is acknowledged.
