Is this in place?

I wonder only because I was at a tribunal last week on a Right to Reside issue in which this was raised and the Chairman said he had heard from the DWP that it was not law yet. He was no more specific than that.

we did a news story back in april 2006 ...

Right to reside for means-tested benefit purposes: New statutory instrument

.... in which we said that the new Rights of Residence Directive 2004/38/EC would be 'transposed' into domestic legislation through the Immigration (European Economic Area) Regulations 2006 (SI.No.1003/2006) which came into force on 30 April 2006

nb - SI.No.1003/2006 is available @ http://www.opsi.gov.uk/si/si2006/20061003.htm

explanatory note to those regs says 'These Regulations implement Directive 2004/38/EC of the European Parliament and the Council of 29th 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'

Many thanks.

The Chairman had indicated it was something he had heard from the DWP that the regulation never made it in to law, but he knew no more and the DWP were not present.

I think that's dreadful. The Chairman, I mean. I know perfectly well that the DWP don't know about the Directive, they just waffle on about the Regulations, regurgitate the whole lot in appeal submissions and never ever mention the 5 year rules or the possibility that people might have rights outside the regulations (eg under the Immigration Rules).

Did you win and if not have you asked for a statement of reasons?

We won. It was a Polish lone parent's right to reside case.

We went through several arguments and the EC Directive was raised but not really discussed as Chairman had been told by DWP it was not in force and I felt we had a case on Baumbast and EC Reg 1612/68. I dont think the Chairman thought it was not in place, he was asking for my opinion on that.

The DWP will be the ones asking for FWRs I've no doubt.

Does anyone know how the numbering of these directives works? EC Directive 38/2004 is headed "DIRECTIVE 2004/58/EC". Why has is got 2004/58 in the headin but is known as 2004/38?

Where is this heading printed and have you ruled out the possibility of a printing mistake?

I don't think it is a spelling mistake because it is on training materials from CPAG and on the version on eurlex:

http://europa.eu/eur-lex/pri/en/oj/dat/2004/l_229/l_22920040629en00350048.pdf

it is an error - it was mentioned on my CPAG training course, and apparently it's one that has been perpetuated for some time - i doubt anyone knows the reason why, or why it hasn't been amended...but Directive 2004/58/EC is definitely 2004/38/EC...just don't ask for proof...

those little european imps...