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I did send this artice and the I serached more and I found out that the Irish Government did not ..
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Tuesday June 10, 2003 16:48 by Karl - non and all factbooks at fr dot st ex Donegal
Let me tell you my experience about Irish and the EU I did send this artice and the I serached more and I found out that the Irish Government did not know even their own laws which they sign or agree. So if the US , the British, the Polnish, the Aussies if all don't accept more any law, International, like the above Nations violated the UNO International Laws, so I am not surprised that Ireland soes not accept the Regulation and Laws signed with the EU! So every one can do now what he want? Then let's start! I found this Laws today, FULLY signed by the Irish Government!!! So everyone signed, but every one make what he want? For what we need to sign? Who is a citizen of the European Union? Every person holding the nationality of a Member State is a citizen of the EU. What are my rights as a citizen of the European Union? Citizens' rights in the European Union may be classified as follows:
Right to study in another Member State Right of residence in another Member State Right to equal treatment Right to travel freely throughout the European Union Rights relating to buying goods and services Right to vote and stand in municipal and European Parliament elections Diplomatic and consular rights Right to petition to the European Parliament and Right to appeal to European Ombudsman Right to write to any EU institution or body in any Treaty language Right of access to official documents
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 Regulation 1612/68 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. 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. For certain regulated professions i.e. doctors, dentists, general nurses, midwives, veterinary surgeons, pharmacists and lawyers, directives have been introduced setting out the qualifications which will be recognised in that profession throughout the European Union. For those professions for which specific directives have not been introduced, a general system of recognition of qualifications is in operation throughout the European Union. This general system was introduced under Directive 89/48/EEC. If a citizen wishes to work as a teacher, engineer or physiotherapist in a Member State in which the profession is regulated, he must apply for recognition of his qualifications to the appropriate authority in that country. The authorities have four months in which to respond to the application. The authorities may consider that either an adaptation period or an aptitude test is required to allow the citizen to work under the same conditions as individuals who have qualified in that profession in the host country. 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 Justice, Equality and Law Reform at www.irlgov.ie/justice. Further information on the right to work in any other Member State may be obtained from Europe Direct.
Students have the right to pursue their third level studies in another Member State under the same conditions as nationals of that Member State. Does this right mean that where a grant is available to students in the host Member State, the non-national student can avail of this grant? While grants to cover fees must be made available to both national and non-national students resident in the European Union, there is no rule which obliges the host Member State to make support or maintenance grants available to non-national students. Are there any conditions to be met by the student prior to taking up studies in another Member State to allow the student to remain in the host Member State? Students from an European Union Member State who intend to study in another Member State for a period of more than three months must meet the following conditions:
Is the student entitled to any social security protection during his studies in the host Member State? Students who are nationals of a Member State insured under a social security scheme for employees or self-employed or students who are the family member of someone who is insured under a social security scheme may be entitled to health care protection during their studies provided they meet certain formalities. If staying temporarily in a Member State while studying there, students are entitled to all immediately necessary sickness benefits in kind. To be eligible for such care, students should obtain a form E128 from the institution with which he or his family member is insured. The form must then be presented to the sickness insurance institution in the host Member State. For all healthcare benefits which are not immediately necessary, the student must ask for prior authorisation or return to the Member State where he ordinarily lives. Where can I obtain further information on study in Ireland? Further information on study in Ireland may be obtained from the Department of Education at www.education.ie.
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. 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? If the citizen was entitled to unemployment benefit in his/her home Member State, he may continue to draw benefit from that Member State for a period of up to three months after the move to the host Member State. The citizen must inform his national benefit office before departure and obtain the necessary forms. On arrival in the host Member State, the citizen must register with the employment services in that country to be eligible for continued benefit. If the citizen does not find work within three months, he must return to his home country, otherwise he will lose his entitlement to unemployment benefit. In what circumstances will a residence permit be required by the host Member State? If you 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 between three months and a year and you are in a temporary job or are temporarily offering your services as a self-employed person, you will qualify for a residence permit for the period in question. If you remain in the host Member State for longer than one year, you will generally be required to apply for a residence permit. What are the circumstances in which a residence permit may be refused by a Member State? A Member State is entitled to refuse to issue or renew your residence permit or to require you to leave its territory, if your actions constitute a serious threat to public order or public security. A Member State is also entitled to refuse to issue you with a residence permit on public health grounds, but only in strictly limited cases involving certain diseases. If a Member State takes a decision refusing you a residence permit on the grounds of public security, public policy or public health, you must be told of the reasons for the decision. You must also be given sufficient time to prepare a defence. Where can I find further details of the procedures to obtain a residence permit in Ireland? Further details on the procedures to acquire a residence permit in Ireland may be obtained from the Department of Justice in Ireland at www.irlgov.ie/justice.
All citizens must be treated equally and cannot be discriminated against on the grounds of nationality or sex. The Treaty of Amsterdam provided that measures would be introduced to also combat discrimination on the grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation. It is anticipated that such measures will be introduced by the European Union within the coming months. In the meantime, Ireland has introduced legislation to combat discrimination on the grounds of gender, age, disability, sexual orientation, race, marital status and membership of the travelling community. Where can I obtain further information if I believe that I have been the victim of discrimination in Ireland? Further information on equality of treatment may be obtained from the Equality Authority at www.equality.ie. 5. Right to travel freely throughout the European Union EU citizens 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 citizens required to present a passport when entering Member States other than the UK? As Ireland is not a party to the Schengen Agreement, Irish citizens must present a passport when entering Member States other than the UK. 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. Are there restrictions on baggage when travelling to another Member State? When travelling within the European Union, you are, in general, entitled to take your personal effects with you without restriction. It is now possible to travel from one Member State to another without having to undergo customs checks and formalities when crossing intra-Community frontiers. However in the public interest, Member States can forbid or place restrictions on the use of certain products such as drugs, products produced from protected species or pornographic materials. Carriage of firearms will also be restricted. 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. 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 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 fourteen 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.
6. Rights relating to buying goods and services Citizens have the right to buy safe products under fair trading conditions. How is the availability of safe products throughout the European Union ensured? Producers are required under legislation to place only safe products on the market. Producers must take into account:
How are fair trading conditions ensured throughout the European Union? Fair trading conditions are ensured through a variety of Community measures for example:
Labelling and Display - Community labelling legislation is designed to inform consumers correctly about the price and other essential properties or characteristics of the product. Display of the sale price is a requirement for all consumer goods. Unfair Terms - Consumer are protected against unfair terms in contracts concluded by them in the European Union. A contract term is unfair if it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer Details of your specific consumer rights and assistance in redressing those rights may be obtained from the European Consumer Centre at www.ecic.ie.
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.
Every EU citizen is entitled, in the territory of a third country in which his own State is not represented, to protection by the diplomatic or consular authorities of any other Member State on the same conditions as nationals of that Member State. Are there formalities to be completed to avail of this right? There are no formalities to be completed to avail of protection by diplomatic or consular authorities of any other Member State.
If EU citizens (or legal residents in the EU) consider that their rights are being ignored, they can To visit the Ombudsman's website for information on how to complain, to obtain a complaint form and for contact information http://www.euro-ombudsman.eu.int 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.
10. Right to write to any EU institution or body in any Treaty language An EU citizen may write to the European Parliament, the European Commission, the Council, the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions or the Ombudsman in any one of the twelve Treaty languages and receive an answer in that language. 11. Right of access to official documents 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 http://citizens.eu.int.
http://www.europarl.eu.int/factsheets/2_3_0_en.htm I have been in Donegal from 1992 to 95 and had a house there. Last year I have been back with my two kids and registered them in the school in Donegal, then I want on and got back to pick up their mother in Thailand. We applied for a visa to stay in Ireland. We waited 6 months in the 'European Union', Spain, France, and Germany to going 'home' to Ireland. My kids has not been in the school during this time and after 6 months we received a letter from the Irish Foreign Ministry that the visa has been denied without any reason, no details, all we could do is to write again to Ireland and ask for details... — Article 14 (7a) ECT: establishing the internal market, which includes the free movement of persons. — Article 18 (8a) ECT: Union citizens have the right to move and reside freely within the territory of the Member States. — Article 61 (73i) et seq: new Title IV, ‘Visas, asylum, immigration and other policies related to free movement of persons'. OBJECTIVES Freedom of movement for persons and the abolition of controls at internal frontiers form part of a wider concept, that of the internal market in which it is not possible for internal frontiers to exist or for individuals to be hampered in their movements. The concept of the free movement of persons has changed in meaning since its inception. The first provisions on the subject referred merely to the free movement individuals considered as economic agents, either as employees or providers of services. The original economic concept has gradually widened to take on a more general meaning connected with the idea of Union citizenship, independent of any economic activity or distinctions of nationality. This also applies to nationals of third countries, because after controls were abolished at internal borders people could obviously no longer be checked for nationality. ACHIEVEMENTS 1. Present situation a. The Schengen area The most significant development in setting up the internal market without obstacles to the free movement of persons has been the conclusion of the two Schengen agreements, the Schengen Agreement of 14 June 1985, and the Schengen Implementing Convention of 19 June 1990 which came into force on 26 March 1995. The Convention has to date been signed by 13 EU Member States; Ireland and the UK are not members but have an opportunity to ‘opt in' to the application of selected parts of the Schengen body of law. Since the Convention took effect for Italy and Austria on 1 April 1998 frontier controls have been scrapped at the internal borders of all the signatory states except Greece. Observer status has been granted to the five Nordic Passport Union Members. Denmark, Finland and Sweden became full members of the Agreement at the end of 1996, while Iceland and Norway have an associate status. The implementing convention aims to abolish internal border controls for all people and includes measures to strengthen external border controls. These include a common visa policy, the possibility of processing asylum applications, police and judicial cooperation and the exchange of information. At the external frontiers all EU citizens may enter the Schengen area merely by showing an identity card or passport. The nationals of third countries included in the common list of non-member countries whose nationals need an entry visa are entitled to a single visa valid for the entire Schengen area. However, every Member State is free to require a visa for other third countries. Police forces assist each other in detecting and preventing crime and will have the right to pursue fugitive criminals and drug traffickers into the territory of a neighbouring Schengen State. For effective operation of the Convention the Schengen Information System (SIS) is an essential technical compensatory measure, supplying information on the entry of third country nationals, the issue of visas and police cooperation. Access to the SIS is primarily restricted to the police and the authorities responsible for border checks. b. European Union area As the Schengen Convention is not yet being effectively applied in all the Union Member States, Union territory as a whole should be considered separately from the Schengen area. Right of residence: with the aim of transforming the Community into an area of genuine freedom and mobility for all Community citizens, the Council adopted three Directives which guarantee rights of residence to categories of persons other than workers. Directive 90/365 on the right of residence for employees and self-employed persons who have ceased their occupational activity (retired persons), Directive 90/364 on the right of residence as a catch-all governing all persons who do not already enjoy a right of residence under Community law and Directive 90/366 on the right of residence for students exercising the right to vocational training. The directives require Member States to grant the right of residence to those persons and to certain of their family members, provided that they have adequate resources so as not to become a burden on the social assistance schemes of the Member States and are all covered by sickness insurance. The rights set out in these measures are subject to the same derogations on grounds of public policy, security and health. 2. Restrictions on freedom of movement The rights attached to freedom of movement for people are subject to limitations justified on grounds of public policy, public security or public health (Articles 39(3) (48(3)), 46(1) (56(1)) and 55 (66) ECT). These exceptions must be strictly interpreted and the limits to their exercise and scope are set out by the general principles of law such as the principles of non-discrimination, proportionality and protection of fundamental rights. 3. External aspect of the freedom of movement a. The Dublin Convention on the right of asylum The Dublin Convention, defining the country responsible for considering applications for asylum submitted in an EC Member State, entered into force in the ‘old 12 EU States' on 1 September 1997, in Austria and Sweden on 1 October 1997 and in Finland on 1 January 1998. It establishes the principle that a single Member State is responsible for considering asylum applications. b. Visa policy The old Article 100c ECT required the Council to determine the third countries whose nationals must be in possession of a visa when crossing the external borders of the European Union. An important step towards the harmonisation of Community visa policy was taken by the adoption of Regulation 2317/95 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and Regulation 1683/95 laying down a uniform format for visas. The basis of visum policy has changed since the Treaty of Amsterdam entered into force, when the old Article 100c ECT became part of the new Title IV, Articles 61-70 ETC. 4. Measures in preparation a. Incorporation of Schengen and other parts of CJHA in the ‘Community pillar’ by the Treaty of Amsterdam Up to now the Schengen implementing convention has formed part of cooperation in the fields of justice and home affairs (CJHA), within the European Union. This meant that it was not part of Community law but took the form merely of intergovernmental cooperation. A protocol to the Amsterdam Treaty provides for transfer of the ‘Schengen acquis' into a new Title IV, comprising Articles 61 et seq. on ‘Visas, asylum, immigration and other policies related to free movement of persons'. Police and judicial cooperation in criminal matters continues to be conducted at intergovernmental level. The Treaty also includes protocols in which Denmark, Ireland and the UK express reservations as to the new Title IV ECT. With the entry into force of the Treaty, the Council replaces the Executive Committee of the Schengen Convention. The Council will also, in the words of the new Title IV ECT, adopt measures within a period of five years ‘to establish progressively an area of freedom, security and justice' in the field of visas, asylum, immigration and other policies related to free movement of persons, to ensure that Union citizens and third country nationals are not checked when crossing internal borders. It is responsible for regulating standard measures for checks on persons at external borders and standard rules for issuing visas and granting freedom of travel within the Member States' territory to third country nationals. The Council focused on these accompanying measures of secondary legislation in its Resolution of 18 December 1997, laying down the priorities. Following the transfer of parts of CJHA to the Community sphere, the Court of Justice has received new powers. For measures under the new Title IV ECT are actionable in the Court, provided that they do not concern the abolition of frontier controls, the maintenance of law and order or the safeguarding of internal security under new Article 68(2) EUT. b. Proposed directive abolishing checks on persons at internal borders The proposal aims to scrap checks on persons at internal borders within and beyond the domain of the Schengen Convention, when they are applied irrespective of nationality and are not intended to be limited to specific frontier crossings. Member States will only be allowed to demand the resumption of checks in specific and exceptional situations. The ban includes the abolition of border formalities and the requirement on ‘delegated' transport companies to carry out checks. Contrary to original planning the directive did not enter into force in late 1996; an amended Commission proposal was put to the Council in March 1997. c. Proposed Council directive on freedom of travel within the Community for third country nationals The proposal aims to grant nationals of non-member countries who are lawfully in the territory of one Member State freedom of travel throughout the Community. Unlike in the case of Community nationals, this right does not at present exist: journeys by third country nationals may only be authorised in accordance with the laws of the individual Member States. The directive will thus tackle such cases as discrimination between family members of differing nationality and will also help to overcome the problems of workers with third country nationality legally working in a Member State and seconded to another Member State. ROLE OF THE EUROPEAN PARLIAMENT Parliament wants to secure the greatest possible measure of freedom to travel for all persons within the Union's internal frontiers. This is an essential condition for the operation of the internal market under Article 14(2) (7a(2)) ECT. There should be no distinction within the internal frontiers between freedom of travel for Community nationals and that of third country nationals. Freedom of travel is one of the fundamental human rights; any restriction of that freedom hinders third-country nationals' access to the internal market and thus also its operation. Parliament takes the view that while the abolition of internal borders requires some accompanying measures this must not be a pretext for introducing systematic controls in border areas or hermetically sealing off external frontiers. To underline its views, for instance, in 1993 Parliament initiated proceedings against the Commission for failure to act (under Article 232 (175) ECT, in Case C 445/93), because it had failed to put forward suitable proposals for the free movement of persons in the European Union. A high-level group, set up to look into the legal, administrative and practical difficulties of citizens in exercising their right to freedom of movement, reported to the Commission in 1997. The group listed a wide variety of measures to improve conditions for the exercise of freedom of movement.
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