Belgian authorities a breach of EU law! Dear Sir , We regret and compassion we have read the description of your situation , and we hope that it will be possible to improve in the near future. Below we include answers to the questions indicated by You . Ad. 1 and 3 The use in the Member States by the public administration of the language specified in the country as the official is considered to be compatible with EU law . As a rule , the officials in the Flemish part of Belgium can therefore use the Dutch language supported in dealing with people , even when they are strangers . Of course, in accordance with the Unions objectives and general principles of the functioning of the individual Member States should endeavor (including by introducing the possibility of using language commonly known - for example, English ) to facilitate nationals of other Member States to communicate in public offices . However , EU law does not explicitly requires Member States to public office used a language other than the official language . It should also be noted that in Belgium the opportunity to use the Dutch language only in part a reflection of the Flemish linguistic specific situation of that country , where the function of at least two large language groups strictly delimiting the scope of their influence. Consequently , using contacts with you only in Dutch language Belgian authorities did not directly violate EU law. This also applies to letters from the authorities , bailiffs or doctors in the public health service . Another issue is , however, possible addiction to submit jobs from knowing Dutch language . According to the case law of the EU courts , due to existing EU law principle of non-discrimination and freedom of movement, access to employment dependent on knowledge of the official language is permitted only when the nature of the profession such knowledge actually objectively required (eg in the case of a teacher in school ) . The obligation of the official language must be used proportional (ie, only to the extent in which it is necessary due to the nature of the profession ) , and non-discriminatory manner (ie, in such a way that actually is not primarily directed against nationals of other Member States). Such a position clearly expressed the EU courts in cases such as Groener ( C-379/87 ) , Angonese ( C-281/98 ) and Haim ( C-424/97 ) . It is not reasonable, non-discriminatory, proportionate or request from the Belgian authorities in the Dutch language professions (eg physical activities ) , which can also make using the language generally known other than Dutch (for example, known by the Lord speaks English ) . Therefore, the request by the Belgian authorities knowledge of the Dutch language in relation to any event constitute a breach of EU law. Ad. 2 The right of EU citizens to reside in another Member State is mainly determined by Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of EU citizens and their family members to move and reside within the territory of the Member States , which the current text in Polish is available at eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004L0038:20110616:PL:PDF . In accordance with Art. 7 paragraph . 1 of the directive, all EU citizens have the right to reside in another Member State for a period longer than three months if they: a) employed or those who are self -employed in the host Member State, or b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or c ) are enrolled at a private or public establishment, accredited or financed by the host Member State on the basis of its legislation or administrative practice , for the principal purpose of studies, including vocational training , and - Have comprehensive sickness insurance cover in the host Member State and assure the relevant national authority, by means of a declaration or by such equivalent means as they may choose , that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their stay , or d ) are family members accompanying or joining a Union citizen who satisfies the conditions referred to in points . a), b ) or c) above. From the above provisions that in principle , the Belgian authorities may refuse you the right of residence in Belgium , if you are not employed in Belgium , do not take in Belgium training , you are not a family member of a Union citizen having the right to reside in Belgium and has Mr. sufficient financial resources to reside in Belgium without the burden of the Belgian social assistance system. However , if you have already been employed in Belgium , the application could be one of the exceptions set out in Article . 7 paragraph . 3 of that directive 2004/38 . According to this provision , an EU citizen who has lost his employment in a Member State retains the right to stay in this country, if : a) is temporarily unable to work due to illness or accident ; b ) is unemployed unintentionally , which is duly recorded , employed for more than one year and has registered as unemployed in the relevant employment office ; c ) is unemployed unintentionally , which is duly noted at the end of the employment contract for a definite period , covering a period of less than one year , or involuntarily unemployed during the first twelve months and has registered as unemployed in the relevant labor office. In this case, the status of worker shall be retained for no longer than six months; d) undertake vocational training. While not an EU citizen is unemployed , the behavior of a workers status requires that the training was related to the previous employment. Taking into account your situation, the right to reside in Belgium would be preserved above all , if it were established that you are temporarily unable to work due to illness or if you have taken professional training in Belgium . Ad. 4 Regarding the costs of litigation , please note that the right of Member States to provide for so-called . legal aid , or the ability to obtain a waiver of court fees and the support of the office of a lawyer appointed by the persons to whom the financial situation does not allow to cover related expenses . Detailed information on this topic is available on the Commissions website at https://e-justice.europa.eu/content_legal_aid-36-pl.do . Therefore , in your case may be reasonably requested the court to release you of court costs and for the appointment of the office of professional attorney . You may also contact the Belgian Councils attorneys (in the case of lawyers speaking Flemish - advocaat.be , in the case of lawyers speaking French or German - avocats.be ) , which should inform you of the conditions for legal aid in Belgium. It is expected that in the right seat of the Bar Council will be people who could speak with you or meet up using the English language. We hope that this explanation will be helpful . If you have further questions, please contact our Service Center. Sincerely, service
Posted on: Mon, 17 Mar 2014 14:27:10 +0000
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