Traduction de «droit distinct et permanent » (Français → Anglais) :

The Court is also asked whether periods of residence completed by nationals of a non-Member State before the accession of that State to the European Union must be taken into account in calculating the five-year period of residence necessary for acquiring a right of permanent residence.

In 2005, after the accession of Poland to the European Union, they applied for permanent residence in Germany under the Directive on free movement of persons , which was refused on the grounds that they were not in employment and were unable to prove that they had sufficient resources to support themselves.

For third-country nationals to be eligible as sponsors for family reunification they must legally reside in a Member State, have a residence permit valid for at least one year (irrespective of the title of residence) and have reasonable prospects of obtaining the right of permanent residence.

It codifies a complex corpus of legislation (9 Directives and 1 Regulation) and the extensive case law of the ECJ and provides a single, simple legal instrument on the fundamental right of free movement and residence, which will give this right more transparency and will make it easier to apply, It creates a single legal regime for free movement and residence within the context of citizenship of the Union for all categories of Union citizens while maintaining the acquired rights of workers. It improves and facilitates the exercise of the right of residence in the following ways: It extends family reunification rights of Union citizens to the registered partner under certain conditions. It grants family members an autonomous right of reside ...[+++]nce in case of death of the Union citizen or the dissolution of marriage or registered partnership. It reduces administrative formalities: Union citizens will no longer be obliged to obtain a residence card but they may still be required to register with the relevant authorities and prove that they comply with residence conditions which are either to exercise an economic activity as worker or self-employed person or to have sufficient resources and a comprehensive sickness insurance. The main innovation of the Directive is the introduction of a right of permanent residence after five years of residence in the host Member State which will not longer be subject to any above condition and will ensure full equal treatment of Union citizens with nationals. The Directive finally increases protection against expulsion of Union citizens and their family members who have acquired a right of permanent residence and limits the possibility of expulsion of Union citizens who have resided in a Member State for the previous ten years or who are minors to cases based on imperative grounds of public

Article 17 thereof includes the main elements of Commission Regulation (EEC) No 1251/70 of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State (2) and amends them by granting beneficiaries of the right to remain a more privileged status, namely that of the right of permanent residence.

Pursuant to Article 9(5) of the basic Regulation, a country-wide duty, if any, is established for countries falling under Article 2(7)(a) of the basic Regulation, except in those cases where companies are able to demonstrate that their export prices and quantities as well as the conditions and the terms of sales are freely determined, that exchange rates are carried out at market rates, and that any State interference is not such as to permit circumvention of measures if exporters are given different rates of duty.