Migration Law / Residence
Directive on Family Unity
(Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification)
The directive on family reunification for refugees and non-EU migrants regulates the conditions for family reunification. The Directive was adopted by the Council on September 22, 2003 and published October 3, 2003. Two months later, on December 11, the President of the European Parliament referred the directive to the European Court of Justice in Luxembourg in attempt to revoke it. His justification: the policy is not consistent with Article 8 of the European Convention on Human Rights and Article 7 of the Charter of Fundamental Rights. In the centre of criticism was whether the right to family reunification should be limited to migrant children under 12 years (the German proposal) or keeping a broader option (the Austrian proposal).
The implementation date: October 3, 2005
Victim Protection Directive
(Directive 2004/81/EC of 29 April 2004 on the residence permit issued to Non-EU Member Country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities)
The deadline for implementation: August 6, 2006
Long-term residents Directive
(Directive 2003 / 1 09/EG of the Council of 25 November 2003 concerning the status of long-term residents)
The deadline for implementation: January 23, 2006
Student Directive
(Council Directive 2004/114/EC of 13 December 2004 on conditions for the admission of third country nationals for studies, or participation in a pupil exchange, unremunerated training or voluntary service)
The deadline for implementation: January 12, 2007
Researchers Directive
(Council Directive 2005/71/EC of 12 October 2005 establishing a specific procedure for admitting third-country nationals for purposes of scientific research)
The deadline for implementation: October 12, 2007
Free Movement Directive
(Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (Text with EEA relevance)
The deadline for implementation: April 30, 2006
Funded by: European Refugee Fund 
Directives and regulations
An EU regulation is completely binding and has direct effect within the legal systems of the Member States.
An EU directive has to be implemented through legislation in EU Member States. The goal of the directive must be achieved, but it is up to each Member State to determine the form and the means of implementation. Because each Member State must integrate directives into national laws, each directive is accompanied by an implementation period. Member State courts and the European Court of Justice must ensure that directives are interpreted in every Member State the same.
Direct effect of directives: if a directive is not implemented, certain provisions of the directive (under certain conditions) can be "directly applicable." This means that Member State authorities and courts must obey the directive. In order to become "direct applicabile," the following must occur:
-the implementation period of the directive has expired and the directive has been ignored or inadequately implemented in the Member State.
-the provisions of the directive are unconditional and sufficiently precise.
-the concrete rule implies an individual right towards the Member State.
