DIRETTIVA FRATTINI 2002 PDF

Faugore As soon as the application for family reunification has been accepted, the Member State concerned shall authorise the entry of the family member or members. EUR-Lex Access to European Union law The Member States may, by law or regulation, authorise the entry and residence, pursuant to this Directive and subject to compliance with the conditions laid down in Chapter IV, of djrettiva following family members:. By way of derogation from paragraph 1 cMember States may limit the family reunification of minor children of a further spouse and the sponsor. Member States may authorise the reunification of children of whom custody is shared, provided the other party sharing custody has given his or her agreement.

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The application shall be submitted and examined when the family members are residing outside the territory of the Member State in which the sponsor resides. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by not later than 3 October Done at Brussels, 22 September The Frattibi Council accordingly asked the Council rapidly to adopt the legal instruments on the basis of Commission proposals.

Languages, formats and link to OJ. If the application is submitted after the age of 15, the Member States which decide to apply this derogation shall authorise the entry and residence of such children on grounds other than family reunification. In assenza di decisione da parte della Commissione entro tale periodo, le misure nazionali si considerano approvate.

When taking the relevant decision, the Member State shall consider, besides Article 17, the severity or type of offence against public policy or public security committed by the family member, or the dangers that are emanating from such person.

They shall forthwith inform the Commission thereof. Dato che gli obblighi dei fornitori di servizi di comunicazioni elettroniche dovrebbero essere proporzionati, la presente direttiva prescrive che essi conservino soltanto i dati generati o trattati nel processo di fornitura dei loro servizi di comunicazione.

Need more search options? Member States may authorise the reunification of children of whom custody is shared, provided the other party sharing custody has given his or her agreement; d the minor children including adopted children of the spouse where the spouse has custody and the children are dependent on him or her.

Where a Member State authorises family reunification of these persons, this is without prejudice of the possibility, for Member States which do not recognise the existence of family ties in the cases covered by this provision, of not granting to the said persons the treatment of family members with regard to the right to reside in another Member State, as defined by the relevant EC legislation.

Where a refugee cannot provide official documentary evidence of the family relationship, the Member States shall take into account other evidence, to be assessed in accordance with national law, of the existence of such relationship.

Member States shall lay down provisions ensuring the granting of an autonomous residence permit in the event of particularly difficult circumstances. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum national wages and pensions as well as the number of family members.

Diversi Stati membri hanno adottato normative sulla conservazione di dati da parte dei fornitori dei servizi a fini di prevenzione, indagine, accertamento e perseguimento dei reati.

This site uses cookies to improve your browsing experience. In the event of widowhood, divorce, separation, or death of first-degree relatives in the direct ascending or descending line, an autonomous residence permit may be issued, upon application, if required, to persons who have entered by virtue of family reunification. Help Print this page. Member States may confine the application of this Chapter to refugees whose family relationships predate their entry.

These proposals for amendments shall be made by way of priority in relation to Articles 3, 4, 7, 8 and Direttiva modificata dal regolamento CE n. Expand all Collapse all. In the event of a polygamous marriage, where the sponsor already has a spouse living with him in the territory of a Member State, the Member State concerned shall not authorise the family reunification of a further spouse.

By way of derogation, a Member State may, in appropriate circumstances, accept an application submitted when the family members are already in its territory. For the Council The President F. The notion of public policy may cover a conviction for committing a serious crime.

When examining an application concerning the unmarried partner of the sponsor, Member States shall consider, as evidence of the family relationship, factors such as a common child, previous cohabitation, registration of the partnership and any other reliable means of proof.

Article 21 This Directive shall enter into force on the day of its publication in the Official Journal of the European Union. Member States may decide according to national law the conditions under which family members shall exercise an employed or self-employed activity.

Member States may limit the granting of the residence permit referred to the first subparagraph to the spouse or unmarried partner in cases of breakdown of the family relationship. Member States may decide that registered partners are to be treated equally as spouses with respect to family reunification.

Member States shall determine whether, in order ffattini exercise the right to family reunification, an application for entry and residence shall be submitted to the competent authorities of the Member State concerned either by the sponsor or by the family member or members. When renewing the residence permit, where the sponsor has not sufficient resources without recourse to the social assistance system of the Member State, as referred to in Article 7 1 cthe Member State shall take into account the contributions of the family members to the household income.

The Member States may authorise family reunification of other family members not referred to in Article 4, if they are dependent on the refugee.

This document is fdattini excerpt from the EUR-Lex website. EUR-Lex Access to European Union law Periodically, and for the first time not later than 3 Octoberthe Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose such amendments as may appear necessary.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication.

The procedure and the competence according to direthiva the right referred to in the first subparagraph is exercised shall be established by the Member States concerned. If the refugee is an unaccompanied minor, the Member States: Article 4 shall apply to the definition of family members except that the third subparagraph of paragraph 1 thereof shall not apply to the children of refugees.

The conditions relating to the granting and duration of the autonomous residence permit are established by national law. Member States may authorise the reunification of children of whom custody is shared, provided the other party sharing custody has given his or her agreement.

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DIRETTIVA FRATTINI 2002 PDF

The application shall be submitted and examined when the family members are residing outside the territory of the Member State in which the sponsor resides. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by not later than 3 October Done at Brussels, 22 September The Frattibi Council accordingly asked the Council rapidly to adopt the legal instruments on the basis of Commission proposals. Languages, formats and link to OJ. If the application is submitted after the age of 15, the Member States which decide to apply this derogation shall authorise the entry and residence of such children on grounds other than family reunification. In assenza di decisione da parte della Commissione entro tale periodo, le misure nazionali si considerano approvate. When taking the relevant decision, the Member State shall consider, besides Article 17, the severity or type of offence against public policy or public security committed by the family member, or the dangers that are emanating from such person. They shall forthwith inform the Commission thereof.

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Tojas Not later than after five years of residence, and provided that the family member has not been granted a residence permit for reasons other than family reunification, the spouse or unmarried partner and a child who has reached majority shall be entitled, upon application, if required, to an autonomous residence permit, independent of that of the sponsor. The duration of the residence permits granted to the family member s shall in principle not go beyond the date of expiry of the residence permit held by the sponsor. This Chapter shall apply to family reunification of refugees recognised by the Member States. Done at Brussels, 22 September The Member States may authorise family reunification of other family members not referred to in Article 4, if they are dependent on the refugee.

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La presente direttiva non richiede la conservazione dei dati per quanto riguarda le chiamate non collegate. Article 21 This Directive shall enter into force on the day of its publication in the Official Journal of the European Union. When taking the relevant decision, the Member State shall consider, besides Article 17, the severity or type of offence against public policy or public security committed by the family member, or the dangers that are emanating from such person. Gli Stati membri trasmettono alla Commissione il testo delle disposizioni principali di diritto nazionale che essi adottano nel settore coperto dalla presente direttiva. Essi comunicano immediatamente alla Commissione il testo di tali disposizioni.

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Meztira Member States may authorise dirttiva reunification of children of whom custody is shared, provided the other party sharing custody has given his or her agreement. The competent authorities direttiga the Member State shall give the person, who has submitted the application, written notification of the decision as soon as possible and in any event no later than nine months from the date on which the application was lodged. Need more search options? In this context it has to be noted that the notion of public policy and public security covers also cases in which a third country national belongs to an association which supports terrorism, supports such an association or has extremist aspirations. The methods of making such reference shall be laid down by the Member States.

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