The abuse of rights according to the provisions of article 35 of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states
The abuse of rights according to the provisions of article 35 of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states

Summary/Abstract: The right to free movement, together with other rights established by Art. 20 par. (2) TEU "shall be exercised under the conditions and limits defined by the Treaties and by the measures adopted to implement them". Art. 35 of Directive 2004/38 provides that "Member States may take the necessary measures to refuse, cancel or withdraw any right conferred by a directive in the event of abuse of rights or fraud, such as marriages of convenience". In other words, "in order to protect themselves against the abuse of rights or fraud and, in particular, against the marriages of convenience or other forms of union contracted exclusively for the purpose of enjoying the freedom of movement and residence, Member States have the possibility to adopt the necessary measures". The marriages of convenience are typical examples of abuse; information from Member States on this type of marriage shows that this phenomenon exists but its magnitude varies from one Member State to another.

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