Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-07-04-Speech-2-302"
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"en.20060704.31.2-302"2
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".
Madam President, the Commission does not believe that the expression ‘right of permanent residence’ is necessarily a contradiction in terms since the notion of residence, which is understood to be the period during which a person lives in a place, may be long, or even permanent. Furthermore, this notion has not been the subject of the kind of remarks suggested by Mr Tarabella, whether during the preparation of the text by the Commission, during the discussions on the directive at the Council or here, in the European Parliament.
As regards the second observation, the Commission notes, as a preliminary point, that, as stipulated in Article 18 of the Treaty and confirmed by the case law of the Court of Justice, the right of residence derives directly from the Treaty for EU citizens whose residence papers serve only to acknowledge that right.
In line with that idea, one of the major objectives of Directive 2004/38/EC was to simplify the administrative formalities attached to the right of residence. In accordance with this text, EU citizens do not have to obtain a residence permit in their Member State of residence, as simply registering with the competent authorities is enough, and this, I might add, is only required if the host Member State deems it necessary. In that case, a registration certificate is immediately issued to EU citizens, on presentation of their identity cards or passports and of proof that they fulfil the conditions attached to the right of residence. After five years of continuous lawful residence, EU citizens obtain permanent right of residence, which is no longer subject to any conditions, and, if they should request it, the host Member State must send them a document attesting to this right.
To conclude, as the same Directive 2004/38/EC also stipulates, the Member States, acting in accordance with their legislation, shall issue to their citizens an identity card or passport indicating their nationality or, as the case may be, renew such documents. It follows that a host Member State may not issue identity cards, in the strict sense of the word, to non national EU citizens. These citizens must always have their identity cards, or passports, as issued by their countries of nationality. These should refer, as stipulated, to their identities and nationalities and, if required by the host Member State, citizens should have a certificate, issued by the latter, stating their right of residence."@en1
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