The Main Judicial Impediments In The Transposition Of The Directive 20 04/38/Ec

Through its policy, the EU plans to create a European area of freedom, security and justice where there is no need to check on persons at internal borders; European citizens benefit from the fundamental right to move and settle wherever they wish. Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States encountered difficulties in implementation at national level. As stipulated in the Directive, Member States had to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 30 April 2006. But, from twenty-seven Member States only eleven (Austria, Belgium, Cyprus, Czech Republic, Italy, Lithuania, Poland, Romania, Slovak Republic, Slovenia and Spain) could respond to the questionnaire submitted by the European Parliament, through the Committee on Civil Freedoms, Justice and Home Affairs (LIBE), that they accomplished entirely or part of the transposition process. Given this state of fact, we will promote a study which will review the legal impediments that have led to the adoption in 2008 of European Commission report, report that endeavour to draw attention to the fundamental role of the Directive. By the adoption of Directive 2004/38, European law has made a step forward the third millennium law, giving to its citizen's one of the fundamental freedoms - the freedom of movement. We must recognize that now the law cannot be conceived without the existence of few ‘global freedoms', freedoms granted to all without discrimination.