The directive require proof of residence to be provided or a registeration certificate. As Ireland does not operate a Registeration Certificate system, it could be reasonably concluded that they are within their right to require proof of residence.andyjohnst wrote:INIS are not entitled to ask for various proof. The only thing you have to prove is that you are exercising your treaty rights buy providing contract of employment.
There is no requirement to supply rent books, rental agreements, utility bills pay slips etc etc.
I could be living as a traveler in a caravan. How could I supply proof of home owner/rent book etc etc then?
That is the breach,not Directive 2004/38. I have provided everything in accordance with ECJ Case C-157/03, Com/mission v Spain [2005] states that the documents we have provided fall in line with the documents required as laid down in Article 4(3)(c), (d) and (e) of Directive 68/360, Article 6 of Directive 73/148 and Article 2 of Directive 90/365. Those conditions [for a Residence Card] are exhaustive in nature (see, to that effect, Case 48/75 Royer [1976] ECR 497, paragraph 37; Case C-363/89 Roux [1991] ECR I-273, paragraphs 14 and 15; and Case C-376/89 Giagounidis [1991] ECR I-1069, paragraph 21).
However, it could be argued that the number of documents they require is simply too much and burdensome.
Furthermore in light of Decsi & Ors -v- MJELR stamp4 should be issued as a matter of right.