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The Free Movement of Citizens Directive (2004/38/EC )〔Summary of the Directive 2004/38/EC (【引用サイトリンク】title=Right of Union citizens and their family members to move and reside freely within the territory of the Member States )〕 defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate bilateral agreement on the free movement with the EU. It consolidated older regulations and directives, and extended the rights of unmarried couples. It gives EEA citizens the right of free movement and residence across the European Economic Area, as long as they are not an undue burden on the country of residence and have comprehensive health insurance.〔Article 7(1) of the Directive.〕 This right also extends to close family members that are not EEA citizens. After five years, the right of residence becomes permanent, which means it does not depend on any precondition any longer. This permanent right of residence can be seen as a precursor to a true European citizenship. ==Scope== The directive applies to any EEA citizen that is moving to and living in an EEA state other than his own. (The exclusion is based on the principle of non-interference with purely national issues). However, it also applies when a European citizen is moving back to his home country after staying abroad, as defined in the case of Surinder Singh.〔Case C-370/90 (【引用サイトリンク】title=Judgment of the Court of 7 July 1992. The Queen v Immigration Appeal Tribunal et Surinder Singh, ex parte Secretary of State for Home Department. )〕 For dual citizens with two EEA nationalities the directive can apply in any EEA state. Temporary limitations are in place for the new member states of the EU. To be fully covered by the European right of free movement, the EEA citizen needs to exercise one of the four treaty rights: * working as an employee (this includes looking for work for a reasonable amount of time), * working as a self-employed person, * studying, * being self-sufficient or retired. These rights are named after the Treaty of Rome, which defines the freedom of movement for workers. They have been extended over time, and are mainly of historical significance by now, since being self-sufficient has been added to the list. As long as a citizen has sufficient money or income not to rely on public funds and holds comprehensive health insurance, he/she exercises one or more treaty rights. If no treaty right is exercised, the right of free movement is limited to three months. Family members are also covered by the right of free movement, but only as a dependent of the EEA citizen. The right is limited to the EEA state in which the EEA citizen is exercising treaty rights. In certain cases (e.g. divorce after at least 3 years of marriage where 1 year must have been spent in the host member state), the family member can retain the right of residence. A family member is defined as: * the spouse (unless in a marriage of convenience), * the registered partner, * a child under the age of 21, or * a dependent child or parent (of the EEA citizen or partner). There is a second category of extended family members, which can be included at the discretion of national legislation. It covers dependent relatives (especially siblings), dependent household members and unmarried/unregistered partners in a "durable relationship". 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Free Movement of Citizens Directive」の詳細全文を読む スポンサード リンク
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