Background

In its monthly package of infringement decisions, the European Commission is pursuing legal action against Member States for failing to comply properly with their obligations under EU law. These decisions covering many sectors aim at ensuring proper application of EU law for the benefit of citizens and businesses.

February 2013 infringements package

The Commission has taken today 151 decisions, including 15 reasoned opinions and 13 referrals to the European Union's Court of Justice, out of which 2 include financial penalties. Below is a summary of the main decisions.

More information on February main decisions.
More information on infringements procedure.

Commission asks Belgium to fully transpose a number of provisions in the "Free Movement Directive"

Under the Free Movement Directive, Member States must ensure that Union citizens and their family members, including non-EU nationals, fully benefit from their rights to free movement as regards entry and residence in another Member State and protection against expulsion.

According to the Commission, Belgium is failing to transpose correctly a number of provisions in the Directive. The Commission is of the opinion that Belgium does currently not facilitate the entry and residence of non-EU family members of Union citizens. In this regard, the Commission notes that it does not facilitate the issuance of their visas and residence cards. Furthermore, the Commission states that Belgium has not transposed yet all the material and procedural safeguards against the expulsion of Union citizens who have recourse to the Belgian social assistance system. Besides, the Commission notes that Belgium's rules on protection against expulsions on grounds of public policy or public security offer safeguards to non-EU family members of Union citizens only but not to Union citizens.

The Commission's reasoned opinion under EU infringement procedures, leaves two months to Belgium to react. Failing this, the European Commission may refer the matter before the EU's Court of Justice.

According to the immigration authorities, work is already underway: a draft national law and royal decree are being elaborated and discussions are ongoing to progress on this.