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Conformity Study for Lithuania
Directive 2004/38/EC on the right of citizens of the Union and their

family members to move and reside freely within the territory of the
Member States
This National Conformity Study has been prepared by Milieu Ltd. in consortium with the
Europa Institute, Edinburgh University under Contract No JLS/2007/C4/004-30-CE-
0159638/00-31. The actual conformity checking was carried out in Lithuania by Domas
Balandis and was concluded on 1 August. The study does not take into account any
subsequent changes in EU law and national legislation and/or administrative practice.
The views expressed herein are those of the consultants alone and do not necessarily represent
the official views of the European Commission. The national report reflects that legal
situation as it stands on 1 August 2008. No subsequent changes have been taken into account.
Milieu Ltd. (Belgium), 29 rue des Pierres, B-1000 Brussels, tel: 32 2 506 1000; Fax 32 2 514
3603; e-mail: sophie.vancauwenbergh@milieu.be; web address: www.milieu.be
ANALYSIS OF THE LEGISLATION TRANSPOSING
DIRECTIVE 2004/38/EC ON FREE MOVEMENT OF UNION CITIZENS
TABLE OF CONTENTS
EXECUTIVE SUMMARY ......................................................................................................................... 6
SUMMARY DATASHEET ...................................................................................................................... 12
ABBREVIATIONS USED ....................................................................................................................... 17
1 INTRODUCTION ......................................................................................................................... 18
1.1 OVERVIEW OF THE LEGAL FRAMEWORK IN LITHUANIA.................................................................... 19
1.2 FRAMEWORK FOR TRANSPOSITION & IMPLEMENTATION OF DIRECTIVE 2004/38/EC IN
LITHUANIA........................................................................................................................................................... 19
1.2.1 Distribution of competences according to the national Constitution ................. 19
1.2.2 General description of organisation of national authorities implementing
Directive 2004/38/EC Lithuania .......................................................................................................... 20
2 LEGAL ANALYSIS OF THE TRANSPOSING MEASURES FOR DIRECTIVE 2004/38/EC................. 21

2.1 Definitions, family members and beneficiaries ................................................................................ 21
2.2 Rights of exit and entry............................................................................................................................ 23
2.3 Right of residence..................................................................................................................................... 25
2.4 Right of permanent residence.............................................................................................................. 37
2.5 Common provisions (Articles 22-26) .................................................................................................... 39
2.6 Restrictions on the right of entry and residence on grounds of public policy, public security
and public health ............................................................................................................................................ 41
2.7 Procedural safeguards against decisions restricting free movement (Article 15, and
Articles 30-31) .................................................................................................................................................... 42
2.8 Final provisions (Chapter VII) ................................................................................................................. 45
3 Recent developments ............................................................................................................. 46
Bibliography
ANNEX I: Table of concordance for Directive 2004/38/EC

ANNEX II: List of relevant national legislation and administrative acts
ANNEX III: Selected national case law
ANNEX IV: Application format for issuance of the EC Residence permit
Milieu Ltd & Conformity Study Directive 2004/38/EC for Lithuania 2008 4/60
Europa Institute
EXECUTIVE SUMMARY
1. Introduction
The Lithuanian legal system is based on a codification that follows the legal traditions of the European
continental model and more precisely, the German model. The Constitution of the Republic of
Lithuania was adopted by referendum on 25 October 1992. It created the legal bases for the legal
system and distributed competences between the Parliament (Seimas), the President of the Republic
and the Government, and the Judiciary. The Lithuanian legal system consists of codes and the other
laws as independent instruments for regulating specific branches of public relations. Government
resolutions and other regulations may regulate relations only in the cases and to the extent determined
by the codes and the other laws adopted by the Parliament. International and the Community laws are
superior to national law. Jurisprudence and legal precedents are not a source of law but the Supreme
Court of the Republic of Lithuania and the Supreme Administrative Court of the Republic of Lithuania
are considered as competent to interpret laws and other legal acts. Their interpretations found in the
decisions or rulings must be taken into account by courts and other institutions as well as by other
entities when applying the law or other legal acts.
2. Introduction to the main particularities of the legal system of the Member State relating
to the transposition of Directive 2004/38/EC.
Transposition of Directive 2004/2004/38/EC is mainly the result of the adoption of the Law on Legal
Status of Aliens and its amendments. The first partial transposition was obtained through the adoption
of the Law on the Legal Status of Aliens (Lietuvos Respublikos įstatymas dėl užsieniečių teisinės
padėties) No IX-2206 of 29 April 20041, which entered into force on 30 April 2004. The second partial
transposition was obtained through adoption of the amendments to the Law on Legal Status of Aliens
by Law No X-924 of 28 November 20062, which entered into force on 16 of December 2006. The
third part of transposition is the result of the amendments to the Law on Legal Status of Aliens by Law
No X-1442 of 1 February 20083, which entered into force on 22 February 2008. The other laws
regulate specific issues related to the rights of Union citizens and their family members. For example,
the Civil Code defines the concept of marriage; the Law on Declaration of Residence Place establishes
the obligation to register the residence place in Lithuania, etc.
It is established practice in Lithuania that laws establish principal provisions and the Government and
the ministries regulate procedures by the secondary legislation; full transposition of the Directive is
split into a variety of secondary legal acts. However, some of those legal acts are still in preparation.
The Minister of Internal Affairs is the member of the Government with responsibility for immigration.
The Minister has almost complete control of all relevant legal and administrative provisions for
implementing the Directive. The Migration Department under the Ministry of Internal Affairs is
1
Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, Valstybės žinios, 2004, No 73-2539,
http://www.lat.lt/default.aspx?item=tn_liteko&lang=1
2
Įstatymo „Dėl užsieniečių teisinės padėties“ 2, 6, 7, 8, 11, 17, 18, 21, 25, 26, 28, 33, 34, 35, 40, 43, 46, 50, 51, 53, 54, 55,
56, 64, 79, 88, 90, 93, 97, 99, 100, 101, 102, 104, 106, 113, 115, 127, 130, 131, 132, 136, 138, 140 straipsnių pakeitimo,
įstatymo papildymo 49(1), 101(1), 140(1) straipsniais, 30, 105 straipsnių pripažinimo netekusiais galios, X skyriaus
pavadinimo pakeitimo bei Įstatymo priedo pakeitimo ir papildymo įstatymas, Valstybės žinios, 2006, No 137-5199
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=288727
3
Įstatymo „Dėl užsieniečių teisinės padėties“ 2, 5, 8, 26, 32, 35, 40, 43, 46, 50, 53, 71, 72, 90, 99, 104, 113, 124, 125, 126,
127, 131, 133, 134 straipsnių, III skyriaus pirmojo skirsnio ir priedo pakeitimo ir papildymo, Įstatymo papildymo 49(2)
straipsniu ir 7 straipsnio pripažinimo netekusiu galios įstatymas, Valstybės žinios, 2008, Nr. 22-803
Europa Institute
responsible for implementation of provisions of the Law on Legal Status of Aliens related to
declaration/registration of the residence place; visas; organisation of issuance of identity documents to
citizens of the Republic of Lithuania, citizens of any other foreign states and stateless persons;
implementation and security of new identity documents and the compliance thereof with the European
Union standards; preparation of the drafts of legal acts related to the legal status of foreigners.
3. Conclusions of the legal analysis of the transposing measures for Directive 2004/38/EC.
The requirements of Directive 2004/38/EC are mainly correctly transposed by the Law on Legal Status
of Aliens and its amendments. The Law on Legal status of Aliens regulates both the legal status of
Union citizens and legal status of other foreigners. Such an approach renders transposition quite
complex. It seems that the legislator sought to achieve transposition of the Directive by changing a
minimum part of the provisions in the Law on Legal Status of Aliens; therefore, the provisions of the
said Law are too general. A large amount of secondary legislation is needed to specify and clarify
those provisions. The secondary legal acts transpose the requirements, particularly those provisions
related to administrative formalities (registration of residence place, issuance of resident permits, etc).
The fragmentation of the transposing provisions into a variety of secondary legal acts leads to several
inconsistencies in the transposing provisions. The secondary legal acts have not been always properly
transposed. The conformity problems mainly concern issues of incomplete and incorrect transposition.
Incomplete transposition partially occurs due to the fact that the Lithuanian legislation often refers to
the Schengen Border Code instead of transposing the Directive’s provisions. However, the Schengen
Border Code not always covers all possible situations referred to in the Directive.
The analysis below specifies how the conformity problems have an impact on practical
implementation and on the enforceability of the provisions referred to in Directive 2004/38/EC.
i. Incomplete transposition
• Article 3(2): “Other family members”
Article 3(2) a) of the Directive requires MS to facilitate entry and residence for any other family
members not falling under the definition in point 2 of Article 2 of the Directive who, in the country
from which they have come, are dependants or members of the household of the Union citizen having
the primary right of residence, or where serious health grounds strictly require the personal care of the
family member by the Union citizen.
The Lithuanian legislation does not provide such facilitation for entry and residence for any other
family members who do not fall under the definition of ‘family members of an EU Member State
citizen’, provided in Article 2, section 4 of the Law on Legal Status of Aliens.
The same comment is pertinent for Article 3(2) b) of the Directive regarding a “partner with whom
the Union citizen has a durable relationship, duly attested”.
• Article 5(4): Opportunity to obtain the necessary documents to cross the border
The Lithuanian legislation does not provide a specific regime for Union citizens or their family
members crossing the border. It establishes a common regime for all foreigners in accordance with the
Schengen Border Code. However, the Schengen Borders Code does not cover all possible situations
where third country family members or Union citizens may not have the necessary documents to cross
the border referred to in Article 5(4) of the Directive. It should be noted that in this context, in practice
Lithuania ensures Union citizens and their family members reasonable opportunities and a reasonable
period of time: a concerned persons can reach the embassy of his state, use telephone/fax and other
communication means to communicate with the authorities and to receive relevant documents.
Europa Institute
• Article 7(3): Retention of the status of workers
Lithuania does not provide that involuntary unemployment after having been employed for more than
one year and being registered as a jobseeker with the relevant employment office forms a ground for
retention of the status of worker or self-employed person Article 7(3) b). Nor it has transposed letters
c) (about involuntary unemployment after completing a fixed term contract of less than 1 year) and d)
(on vocational training).
• Article 8: Administrative formalities for EU citizens
Article 8 of the Directive provides that for a period of residence longer than three months, the host
Member State may require Union citizens to register with the relevant authorities. In such a case the
registration certificate must be issued immediately (Article 8(2) of the Directive). Article 99, section 3
of the Law on Legal Status of Aliens, as last amended by the Law of 1st February 2008, requires the
Ministry of Internal Affairs to establish a procedure regulating the issuance of the certificates for
Union citizens who entered Lithuania for residence longer than 3 months in a 6-month period
confirming their rights to reside in Lithuania. Following the above obligation, the Ministry of Internal
Affairs on 25 July 2008 adopted order No 1V-290 on approval of Procedures on issuance of certificate
confirming residence rights for a Citizen of a Member State of the European Union and Procedures on
issuance, extension and revocation of residence permits for European Union citizen‘s family members
who are not nationals of a Member State of EU. Due to the fact that this secondary legal act came into
force on 3rd August 2008, (i.e. after this analysis had been completed), its provisions have not been
analysed. Only those comments to the provisions which will be affected by this legal act are provided
in section 3 of this study ‘Recent Developments’.
The Law on Declaration of Place of Residence requires possession of a document certifying the Union
citizens’ rights to reside in Lithuania. Article 4, section 1, paragraph 2 of this Law provides that a
citizen of the European Union who has entered the Republic of Lithuania for more than three months
in half a year ‘and has obtained the residence rights provided by the Republic of Lithuania Law on the
Legal Status of Aliens’ must declare their place of residence in Lithuania. Under paragraph 15.2.2 of
the Rules on Declaration of Place of Residence Data Management, when declaring their place of
residence, Union citizens have to submit: either the ‘European Community citizen’s residence permit’;
or a ‘document certifying that a person has obtained the right to live in the Republic of Lithuania; or
the ‘European Community citizen’s permanent residence permit’; or the ‘document certifying that a
person has obtained the right to live in the Republic of Lithuania permanently. Lack of a secondary
legal act establishing the procedures on issuing the certificates confirming the Union citizens’ rights to
reside in Lithuania makes it unclear how a Union citizen can obtain the documents needed for
declaration of his place of residence.
• Article 14(4)(b): Protection against expulsion for jobseekers
The Lithuanian legislation does not provide an explicit prohibition of expulsion of jobseekers. Even if
the legislation does not provide expulsion measures against the Union citizens who entered the
territory of Lithuania in order to seek employment, such measures should be provided.
• Article 27: Not using public policy/public security as economic grounds
Overall, Article 27 of the Directive cannot be considered as transposed. This gap in transposition may
be interpreted as not granting the same guarantees provided by the Directive regarding the personal
conduct and the non consideration of previous convictions; and this even the rights of entry and
residence can only be restricted in accordance with the Law on Administrative proceedings, which
provides general legal principles of proportionality and requires the judges in administrative cases to
actively participate in the examination of evidence, establishing all material circumstances for the
case and make a comprehensive and objective review of the circumstances.
Europa Institute
• Article 28: Special protection against expulsion
The Lithuanian legislation does not provide that an expulsion decision against Union citizens who
have resided in the host Member State for the previous 10 years, may not be taken, except on
imperative grounds (Article 28 (3) a)).
Other instances of incomplete transposition are provided in section 2 below.
ii. Incorrect transposition
• Article 6 (1) : Special status of jobseekers:
Lithuanian legislation does not provide that jobseekers can stay in Lithuania for 6 months without
fulfilling any conditions
• Article 7(2): Right of residence for family members who are not nationals of a Member State
The Lithuanian legislation does not state clearly the residence rights of Union citizen’s family
members who are not citizens of the member states. The Law provides only the obligation to obtain an
‘EU residence permit’. This should be treated as ‘incorrect transposition’.
• Article 10: Residence cards for third country family members
Article 10 (1) of the Directive provides that the right of residence of family members of a Union
citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called
‘Residence card of a family member of a Union citizen’. Article 99, sections 2 and 3 of the Law on
Legal Status of Aliens, as last amended by Law of 1st February 2008, requires that family members of
an EU Member State national who are not citizens of the EU Member State, when entering the
Republic of Lithuania for residence for longer than 3 months in a 6-month period accompanying the
national of the EU Member State or joining him/her, must obtain the ‘EU residence permit’. Procedure
regulating issuance, extension and withdrawal of the EU residence permit to the family members of
the EU Member State national must be established by the Minister of the Internal Affairs. However,
neither the existing procedures relating the issuing of the EU residence permit nor the other legal act
foresee the issuance of a document called ‘Residence card of a family member of a Union citizen’.
• Article 16: Acquisition of the right of permanent residence after 5 years of residence
The Directive provides that ‘Union citizens who have resided legally for a continuous period of five
years in the host Member State shall have the right of permanent residence‘. The Lithuanian
legislation establishes a stricter term as compared to the Directive since it requires living ‘for the last 5
years’.
• Article 20: Permanent residence cards for third country family members
There is incorrect transposition of Article 20(2) of the Directive, since the Lithuanian legislation
establishes different conditions for family members of a Lithuanian citizen who are not citizens of an
EU Member State, and for family members of other Union citizens who are not citizens of an EU
Member State. The national Law provides that a family member of a Lithuanian citizen ‘shall have
the right to obtain the EU residence permit’, while, a family member of a Union citizen ‘must obtain
an EU residence permit’.
Other cases of incorrect transposition are provided in section 2 below.
Europa Institute
iii. Minor instances of non-conformity
• Article 2(2): The definition of ‘family member’
Article 2(2)(b) of the Directive considers ‘the partner with whom the Union citizen has contracted a
registered partnership, on the basis of the legislation of a Member State’ as a family member. The
Civil Code of Lithuania treats registered partnership as equivalent to marriage. Neither the Civil Code
nor the Law on Legal Status of Aliens provide that a registered partnership must be contracted on the
basis of the legislation of a Member State. Therefore the definition of ‘family member’, referred to in
Art. 2(2)(b) of the Directive has been transposed incompletely. The missing words ‘on the basis of the
legislation of a Member State’ determines that a partnership registered on the basis of the legislation of
any 3rd country has the same legal status as a partnership registered on the basis of legislation of a
Member State. This does not create a conformity problem since the Lithuanian legislation creates in
this respect more favourable conditions for acquiring the status of a family member of a Union citizen.
However, implementation problems occur due to the lack of procedures on registration of partnership
in the Lithuanian legislation, although the Civil Code requires that such procedures must be
established by the law. The Supreme Court of Lithuania explained that until the procedures are
established by a Law on Procedures for Registration of Partnership, partners can not register their
partnership (Judgment of the Supreme Court of Lithuania of 26 April 2006 in civil case No 3K-3-
302/2006)4.
Minor instances of non-conformity also occur when transposing Articles 8(3) and 8(5) of the Directive
due to inconsistency in the Lithuanian legislation regarding the issuing of a document called ’EC
residence permit’.
4
Europa Institute
Europa Institute
SUMMARY DATASHEET
1. Transposing legislation
Transposition of Directive 2004/38/EC is mainly the result of three laws adopted by the Parliament of
Lithuania (Seimas). The first partial transposition was obtained through the adoption of the Law on the
Legal Status of Aliens (Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties) No IX-2206
of 29 April 2004,5 which entered into force on 30 April 2004. The second partial transposition was
obtained through the adoption of the amendments to the Law on Legal Status of Aliens by Law No X-
924 of 28 November 2006,6 which entered into force on 16 of December 2006. The third part of
transposition is the result of the amendments to the Law on Legal Status of Aliens by Law No X-1442
of 1 February 20087, which entered into force on 22 February 2008.
The following legal acts have been adopted or amended in order to transpose Directive 2004/38/EC:
• Format for the Certificate Confirming a Union citizen’s Residence Rights in Lithuania,
approved by the Ministry of Internal Affairs order No IV-158 of 6 May 2008;8
• The Law on Declaration of Residence Place No VIII-840 of 2 July 1998, as amended by No
X-961 of 2006-12-07,9 which regulates declaration of residence place in Lithuania including
the declaration of residence place of Union citizens and their family members;
• Rules on Declaration of Residence Place Data Management, approved by the Director of
Citizen Register Service under the Ministry of Internal Affairs order No (29)4R-18 of 8 April
2008,10 which specifies procedures on declaration of residence place in Lithuania;
• Statutes on the Register of Foreigners, approved by the Government of the Republic of
Lithuania resolution No 1342 of 14 December 2005;11
• Procedures on issuance of permanent residence certificates for citizens of Member States of
the European Union, approved by the Ministry of Internal Affairs of the Republic of Lithuania
order No 1V-369 of 25 October 2007;12
5
Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, Valstybės žinios, 2004, No 73-2539,
6
Įstatymo „Dėl užsieniečių teisinės padėties“ 2, 6, 7, 8, 11, 17, 18, 21, 25, 26, 28, 33, 34, 35, 40, 43, 46, 50, 51, 53, 54, 55,
56, 64, 79, 88, 90, 93, 97, 99, 100, 101, 102, 104, 106, 113, 115, 127, 130, 131, 132, 136, 138, 140 straipsnių pakeitimo,
įstatymo papildymo 49(1), 101(1), 140(1) straipsniais, 30, 105 straipsnių pripažinimo netekusiais galios, X skyriaus
pavadinimo pakeitimo bei Įstatymo priedo pakeitimo ir papildymo įstatymas, Valstybės žinios, 2006, No 137-5199
7
Įstatymo „Dėl užsieniečių teisinės padėties“ 2, 5, 8, 26, 32, 35, 40, 43, 46, 50, 53, 71, 72, 90, 99, 104, 113, 124, 125, 126,
127, 131, 133, 134 straipsnių, III skyriaus pirmojo skirsnio ir priedo pakeitimo ir papildymo, Įstatymo papildymo 49(2)
straipsniu ir 7 straipsnio pripažinimo netekusiu galios įstatymas, Valstybės žinios, 2008, Nr. 22-803
8
Pažymos Europos Sąjungos valstybės narės piliečiui jo teisei gyventi Lietuvos Respublikoje patvirtinti formą, Valstybės
žinios, 2008, Nr. 52-1934 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=319461&p_query=&p_tr2=
9
Lietuvos Respublikos gyvenamosios vietos deklaravimo įstatymas, Valstybės žinios, Nr. 141-5395,
10
Gyvenamosios vietos deklaravimo ir deklaravimo duomenų tvarkymo taisyklės, Valstybės žinios, 2008, Nr. 44-1673
Užsieniečių registro nuostatai, Valstybės žinios, 2005, No 147-5353
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=267719&p_query=&p_tr2
11
Užsieniečių registro nuostatai, Valstybės žinios, 2005, No 147-5353
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=267719&p_query=&p_tr2
12 Pažymos Europos Sąjungos valstybės narės piliečio teisei nuolat gyventi Lietuvos Respublikoje patvirtinti išdavimo
tvarkos aprašas, Valstybės žinios, 2007, No 113-4607

http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=307851&p_query=&p_tr2=
13
Europos Sąjungos valstybės narės piliečio šeimos nario leidimo gyventi Lietuvos Respublikoje išdavimo, pratęsimo ir
panaikinimo Europos Sąjungos valstybės narės piliečio šeimos nariams, kurie nėra Europos Sąjungos valstybės narės
piliečiai, tvarkos aprašą, Valstybės žinios, 2007, No 113-4607
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• Procedures on issuance, extension and revocation of residence permits for European Union
citizen‘s family members who are not nationals of a Member State of EU), approved by the
Ministry of Internal Affairs of the Republic of Lithuania order No 1V-369 of 25 October
2007.13
• The Ministry of Internal Affairs order No 1V-290 of 25 July 2008 on approval of Procedures
on issuance of certificate confirming residence rights for a Citizen of a Member State of the
European Union and Procedures on issuance, extension and revocation of residence permits
for European Union citizen‘s family members who are not nationals of a Member State of
EU14 (it came into force on 3rd August 2008, therefore its provisions are only commented in
section 3 “Recent Developments”).
Specific provisions that are relevant for the transposition of the Directive are included in the following
acts:
• Law on Identity Cards (Lietuvos Respublikos asmens tapatybės kortelės įstatymas) No IX-
577 of 6 November 2001;
• Passport Law (Lietuvos Respublikos paso įstatymas No IX-590 of 8 November 2001, as
amended by No X-705 of 20 June 2006;
• Description of Passport Format (Paso formos aprašymas), approved by the Minister of
Internal Affairs of the Republic of Lithuania order No 1V-498 of 28 December 2006 ;
• Rules on drawing up and administration of the list of foreigners to whom exit to the
Republic of Lithuania is refused (Užsieniečių, kuriems draudžiama atvykti į Lietuvos
Respubliką, sąrašo sudarymo ir tvarkymo taisyklės), approved by the Government of the
Republic of Lithuania resolution No 436 of 20 April 2005;
• Statutes on the Register of Foreigners (Užsieniečių registro nuostatai), approved by the
Government of the Republic of Lithuania resolution No 1342 of 14 December 2005;
• Procedures for Recognition of Travel Documents Giving the Rights for Entry to Lithuanian
Republic (Kelionės dokumentų, kurie suteikia teisę užsieniečiui atvykti į Lietuvos Respubliką,
pripažinimo tvarkos aprašas), approved by Order No V-101/1V-397 of the Minister of Internal
Affairs of the Republic of Lithuania and the Minister of Foreign Affairs of the Republic of
Lithuania of 21 November 2007;
• Manual on Stamping of Travel Documents for Persons Crossing the Border (Asmenų,
vykstančių per valstybės sieną, kelionės dokumentų žymėjimo instrukciją), approved by the
State Border Protection Service upon the Minister of the Internal Affairs together with the
Minister of Foreign Affairs Order (No 4-705 of 6 October 2006, as amended by order No 4-
841 of 16 November 2006;
• Rules on submission of documents for issue of a visa, on visa issue at border control posts,
on the extension of a period of stay in the Republic of Lithuania in possession of a visa and on
cancellation of a visa (Dokumentų vizai gauti pateikimo, vizos išdavimo, taip pat ir vizos
išdavimo pasienio kontrolės punktuose, buvimo Lietuvos Respublikoje turint vizą laiko
pratęsimo, vizos panaikinimo taisyklės), approved by Order No 1V-280/V-109 of the Minister
of the Internal Affairs of the Republic of Lithuania and the Minister of Foreign Affairs of the
Republic of Lithuania of 2 September 2004;
• Law on Consular Fees (Lietuvos Respublikos konsulinio mokesčio įstatymas), as amended
by Law No X-1300 of 2007-10-18;
• Consular fees tariffs of the Reublic of Lithuania (Lietuvos Respublikos konsulinio mokesčio
tarifai), approved by the Government Resolution No 1135 of 16 November 1994, as amended
by No 1347 of 27 October 2004;
• The Minister of Labour and Social Security order No A1-22 of 29 January 2007 on
settlement of livelihood size which may be treated as sufficient resources for aliens requesting
of residence permit in the Republic of Lithuania (Lietuvos Respublikos socialinės apsaugos ir
Europa Institute
darbo ministro 2007 m. sausio 29 d. įsakymas Nr. A1-22 ,,Dėl pragyvenimo Lietuvos
Respublikoje lėšų dydžio, kuris gali būti laikomas pakankamu pragyventi Lietuvos
Respublikoje užsieniečiui, prašančiam išduoti leidimą gyventi, nustatymo);
• Republic of Lithuania Law on Social Services (Lietuvos Respublikos socialinių paslaugų
įstatymas) No X-493 of 19 January 2006;
• Rules on issuance of temporary residence permit in the Republic of Lithuania for aliens and
assessment of fictitious marriage (Leidimų laikinai gyventi Lietuvos Respublikoje
užsieniečiams išdavimo bei fiktyvios santuokos sudarymo įvertinimo taisyklės), approved by
the Minister of the Internal Affairs of the Republic of Lithuania order No 1V-329 of 12
October 2005 as amended by No 1V-242 of 28 June 2007.
• Rules on making and implementation of decisions on expulsion, expulsion, re-entering and
transit of foreigners through the border of the republic of Lithuania (Sprendimų dėl
užsieniečio įpareigojimo išvykti, išsiuntimo, grąžinimo ir vykimo tranzitu per Lietuvos
Respublikos teritoriją priėmimo ir jų vykdymo taisyklės), adopted by the Minister of Internal
Affairs order No 1v-429 of 24 December 2004;
• The Labour Code (Lietuvos Respublikos darbo kodeksas), No IX-926 of 4 July 2002, as
amended by No X-458 of 20 December 2005;
• The Civil Code of the Republic of Lithuania (Lietuvos Respublikos civilinis kodeksas), No
VIII-1864 of 18 July 2000.
2. Assessment of the transposition
Lithuanian authorities made a great effort to transpose the Directive. However, some of the
transposing legal acts are still under preparation. Conformity problems concern issues of incomplete
transposition; some non-transpositions cases appear due to inconsistencies of the transposing
provisions, particularly when transposing administrative formalities related to the issuance of the
documents certifying the residence for Union citizens and their family members.
The tables below provide an overview of the conformity problems.
a) Incomplete transposition or non-transposition
Article 3(2)(a) Incomplete transposition: the Lithuanian legislation has not provided specific measures related
to the facilitation for Union citizens’ family members who are ‘dependants or members of the
Article household of the Union citizen having the primary right of residence or where serious health
10(2)(e) (f) grounds strictly require the personal care of the family member by the Union citizen’.
Article 3(2)(b) This Article is incompletely transposed, because Lithuania has not provided specific measures
for the facilitation for Union citizens’ family members who are ‘the partner with whom the
Union citizen has a durable relationship, duly attested’.
Article Incomplete transposition, although the application of general administrative rules gives the
3(2)(b), 2nd authorities the obligation to examine whether the conditions laid down in any legislation are
subparagraph fulfilled, and to justify any denial of right. However, Lithuania does not oblige the
administration to undertake an “extensive” examination of the personal circumstances.
Article 5(4) Incomplete transposition. Lithuania does not provide a specific regime for Union citizens and
their family members who are not nationals of a MS to obtain the necessary travel documents
or to corroborate or prove the right of free movement or residence when the individual does not
have the necessary travel documents.
Article 7(3) Incomplete transposition of par. b), c) and d) - on the retention of the status of worker or self-
(b), (c), (d) employed person). The Lithuanian legislation foresees the unemployment insurance benefit for
persons who are dismissed from work without any fault on the part of the concerned employee.
It also foresees vocational training for persons, who have been notified about dismissal from
work without any fault on the part of the concerned employee. However, the Lithuanian
legislation does not provide that such termination of the employment contract or the vocational
training form grounds for retention of the status of worker or self-employed person.
Article 8(2) Incomplete transposition since ‘The procedure regulating the issue of the certificate for an EU
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member state national confirming his right to reside in the Republic of Lithuania’ as referred to
in Article 99, section 3 of the Law on Legal Status of Aliens, had not existed when analysing
the conformity.
Note: The Ministry of Internal Affairs order No 1V-290 of 25 July 2008 on approval of
Procedures on issuance of certificate confirming residence rights for a Citizen of a Member
State of the European Union and Procedures on issuance, extension and revocation of residence
permits for European Union citizen‘s family members who are not nationals of a Member State
of EU came into force on 3rd August 2008, therefore its provisions have not been analysed.
Only comments to provisions which will be affected by this legal act are provided in section 3
of this study.
Article 8(5) The Lithuanian legislation does not provide any facilitation for entry and residence for any
(e) (f) other family members not falling under the definition of ‘family members of an EU Member
State citizen. No documents are requested because there is no specific regime applicable. For
this reason, the lack of transposition cannot be considered as a more favorable treatment.
Art.13.2 (b) Incomplete transposition since the Lithuanian legislation does not include ‘agreement between
(d) the spouses’ as a ground for not to losing the rights of residence.
Art. 14(2) Lithuania does not provide that verifications can only be carried out in specific cases, where
second indent there is a reasonable doubt as to whether a Union citizen and their family members satisfy the
conditions. This can be treated as a gap in transposition.
Article Incomplete transposition occurs since the Lithuanian legislation does not provide an explicit
14(4)(b) prohibition of expulsion of jobseekers.
Article 20(1) The time-limit for issuance has not been transposed.
Article 20(2) Incomplete transposition, since the Lithuanian legislation does not require the submission of
the application before an EC Residence permit expires. A family member, who is not a national
of a Member State, has the right to apply for the renewal of his/her EC residence permit when
his/her EC residence permit expires.
Article 27(1) Incomplete transposition, since the Lithuanian legislation does not include the Directive’s
provision that the grounds for restriction of the freedom of movement and residence of Union
citizens and their family members ‘shall not be invoked to serve economic ends’.
Article 27(2) Gap in transposition occurs. Although the rights of entry and the rights of residence can be
restricted only in accordance with the Law on Administrative proceedings, which provides
general legal principles of proportionality and requires the judges in administrative cases to
actively participate in the examination of evidence, establishing all the material circumstances
for the case and to make a comprehensive and objective review of the said circumstances, non
transposition of Article 27(2) of the Directive may be interpreted as not granting the same
guarantees provided by the Directive regarding the personal conduct and the non consideration
of previous convictions.
Article 27(4) Not transposed.
Article 28(2) Incomplete transposition. The Directive provides that an expulsion decision against Union
citizens and their family members, who have the rights of permanent residence, may not be
taken, except on serious grounds of public policy or public security. However, Art. 106, section
1 in conjunction with Art. 106, section 4 of LLSoA does not include ‘serious grounds of public
policy or public security’. Therefore, the Lithuanian legislation allows the expulsions on less
serious grounds.
Article 28(3) Gap in transposition occurs. The Lithuanian legislation does not provide that an expulsion
(a) (b) decision against Union citizens, who have resided in the host Member state for the previous 10
years, may not be taken, except on imperative grounds of public security, as defined by the
Member State. Lithuania also does not provide that an expulsion decision against Union
citizens who is a minor, except if the expulsion is necessary for the best interests of the child,
(as provided for in the United Nations Convention on the Rights of the Child of 20 November
1989), may not be taken, except on imperative grounds of public security, as defined by the
Member State. Therefore, the Lithuanian legislation allows the expulsions on less serious
grounds.
Article 29 (1) Incomplete transposition. The Directive provides specific categories of diseases, which can
and (2) only justify measures restricting freedom of movement. The Lithuanian legislation only
includes general provisions that ‘freedom of movement may be restricted in the Republic of
Lithuania only in the interests of state security or public order, or public health or morals, for
crime prevention purposes or seeking to protect the rights and freedoms of other persons’.
Therefore, transposition of Article 29 is incomplete.
Article 32(1) Specific provisions referred to in Article 32(1) of the Directive are not transposed. The
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Lithuanian legislation includes the material circumstances of the case as a ground for lifting of
the exclusion decision in accordance with renewal administrative proceedings. Providing the
rights for the persons concerned to submit a petition for the renewal of the proceedings, the
Lithuanian legislation provides for grounds for applying to the court for renewal of the
proceedings.
b) Incorrect or imprecise/ambiguous transposition
Article 6 (1) Lithuanian legislation does not provide that jobseekers can stay in Lithuania for 6 months
without fulfilling any conditions
Article 7(2) The Lithuanian legislation does not state clearly the residence rights of Union citizen’s family
members who are not citizens of the member states. The Law provides only the obligation to
obtain an ‘EU residence permit’. This should be treated as ‘incorrect transposition’.
Article 8(1) The transposition of Article 8(1) of the Directive is incorrect, since the Directive defines the
period of residence ‘from the date of arrival’ (see: article 8(2) of the Directive) but the
Lithuanian legislation defines an aggregated residence in half a year.
Article 9(1) Incorrect transposition: the Directive requires the issuance of a ‘Residence card of a family
Article 10(1) member of a Union citizen’, while the Lithuanian legislation (Art. 99, section 2 of the Law on
Legal Status of Aliens) requires the issuance of an EU residence permit (full title: Residence
permit in the Republic of Lithuania of a family member of a citizen of an EU Member State).
Article Transposition is incorrect, since particularly difficult circumstances is transposed as situations
13(2)(c) caused by fault of the spouse who is the Union citizen
Article 16(1) Incorrect transposition. the Directive provides that ‘Union citizens who have legally resided for
Article 16(2) a continuous period of five years in the host Member State shall have the right of permanent
Article 16(3) residence‘. In this regard the Lithuanian legislation establishes a stricter term than the Directive.
Article 104, section 1 and section 2 of the Law on Legal Status of Aliens require living ‘for the
last 5 years’.
Article 25(1) Incorrect transposition. The Lithuanian legislation (Article 2, section 4(1) of LLSoA) defines
‘Residence permit in the Republic of Lithuania of a family member of a citizen of an EU
Member State as a document ‘granting a member of the family of the citizen of an EU Member
State, who is not a citizen of an EU Member State, the right to live in the Republic of
Lithuania’. In general, under the Lithuanian legislation the documents should be requested
before a person can exercise a right.
c) Minor instances of non-conformity
Article 2(2) Minor instances of non-conformity due to missing of words ‘on the basis of the legislation of a
(b) Member State’ when transposing the definition of “family member” referred to in Article
2(2)(b) of the Directive.
Article 40 Delays with the transposition occurred. LLSoA was amended on 1st of February 2008 in order
to comply with the requirements of the Directive.
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ABBREVIATIONS USED
ECJ European Court of Justice
Art. Article
LDRP: The Republic of Lithuania Law on Declaration of Place of Residence
LLSoA Law on Legal Status of Aliens
MoI Ministry of Internal Affairs
MoSSL Ministry of Social Security and Labour
MS Member State(s)
Schengen Borders Code: Regulation (EC) No 562/2006 of the European Parliament and the
Council of 15 March 2006 establishing a Community Code on the
rules governing the movement of persons across borders
Milieu Ltd & Conformity Study Directive 2004/38/EC for Ireland 2008 17/60
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1 INTRODUCTION
This conformity study analyses in detail the provisions of Directive 2004/38/EC on the free movement
of EU citizens in its consolidated version, and it compares it with the legislation in place in Lithuania.
Directive 2004/38/EC repealed the earlier directives on free movement of persons (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) as from 30 April 2006.
EU citizenship gives every Union citizen the right to move and to reside freely within the territory of
the Member States. The facilitation and promotion of this right, which is at the same time one of the
fundamental freedoms of the internal market, is the objective of Directive 2004/38/EC. A second
objective of Directive 2004/38/EC was to codify and review the various pieces of legislation and case-
law dealing with this issue.
Free movement as a fundamental freedom of the internal market
Free movement is one of the fundamental freedoms of the internal market and can therefore only be
restricted in a limited number of pre-determined circumstances. Thus, national legislation cannot adopt
more restrictive legislation than provided for in the Directive.
Directive 2004/38/EC introduces, on the one hand, a uniform approach regarding the formalities that
Member States can impose upon EU citizens residing in their territory. These formalities are expressly
established in the Directive and restricted in function of the duration of the stay in the Member States.
• For a stay of less than three months, the only formality a Member State can impose is the
presentation of a valid passport or national identity card.
• For residence of more than three months, a Member State can only require the EU citizen to register
in the population register of the place of residence. This registration needs to be validated
immediately if a certain number of conditions are to be complied with. The Member State can only
require the EU citizen to present proof that he/she is a worker, self-employed person, a student or
has sufficient resources not to become a burden upon the social security system of the Member
State. Member States cannot lay down a fixed amount of what they consider to be “sufficient
resources”, but must always take into account the personal situation of the person concerned.
Family members of the EU citizen will have to present an identity document and proof of the family
link to an EU citizen.
• After five years of continuous residence in a Member State, an EU citizen obtains a right to
permanent residence. The host Member State shall issue a document certifying permanent
residence. A permanent resident has the right to be treated equally to a national of the Member
State.
On the other hand, the Directive also determines and clarifies the only acceptable reasons for
restriction of the free movement of citizens by Member State authorities, namely for reasons of public
order, public security and public health. (For the interpretation and conditions of such exceptions, it is
important to rely upon the case-law of the Court of Justice.)
These measures guarantee a strong protection against expulsion for EU citizens who have been long-
term residents in another Member State. Such measures need to be proportionate and shall always look
at the personal conduct of the individual concerned which must represent a “genuine, present and
sufficiently serious threat affecting one of the fundamental interests of society”. In addition, the
Directive establishes some procedural safeguards in case an expulsion decision is considered.
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1.1 OVERVIEW OF THE LEGAL FRAMEWORK IN LITHUANIA
The Lithuanian legal system is based on a codification that follows the legal traditions of the European
continental model and more precisely, the German model. During the Soviet occupation this legal
model was altered to conform to the “Soviet” legal system. Since restoration of statehood of the
Republic of Lithuania in 11 March 1990, the legal system has been reformed to meet the demands of
social and economic changes. The priority of the reform was the harmonisation of the Lithuanian legal
provisions with the European Union legislation and improving the functioning of the system of
administration and the court system.
The Constitution of the Republic of Lithuania was adopted by referendum on 25 October 1992. It
created the legal bases for the overall legal system. The Lithuanian legal system consists of codes (the
Civil Code; the Civil Procedure Code; the Criminal Code; the Criminal Procedure Code; the Code of
Administrative Offences, etc) and other laws (e.g. the Law on Legal Status of Aliens) as independent
instruments for regulating specific branches of public relations. International and the Community laws
are superior to national law.
Jurisprudence and legal precedents are not a source of law, however. The Supreme Court of the
Republic of Lithuania and the Supreme Administrative Court of the Republic of Lithuania are
competent to interpret laws and other legal acts. Their interpretations found in decisions or rulings
must be taken into account by courts and other institutions as well as by other entities when applying
the law or other legal acts. The courts are fundamental tools for the implementation of the
constitutional principle to ensure access to justice for any person who considers that his rights are
infringed or legally protected interests are damaged.
1.2 FRAMEWORK FOR TRANSPOSITION & IMPLEMENTATION OF DIRECTIVE 2004/38/EC

IN LITHUANIA
1.2.1 Distribution of competences according to the national Constitution
The Constitution of the Republic of Lithuania created the legal bases for distribution of competences
between the Parliament (Seimas), the President of the Republic and the Government, and the
Judiciary.
Under the Constitution, the Government resolutions and other regulations may regulate relations
only in the cases and to the extent determined by the codes and the other laws adopted by the
Parliament.
Under the Law on Public Administration, any administrative act, e.g., a statute, rules, regulations or
other legal act, including an individual administrative act, for the purpose of implementation of the
laws made by an administrative body must be issued within the scope of its legal authority (legality
principle). The Law provides that administrative bodies and officials must act in “good faith” and in
proportion to the purpose for which the power has been conferred (proportionality principle), and
administrative bodies must take into account “relevant considerations”, acting reasonably and
objectively.
The Law on Legal Status of Aliens provides general principles: foreigners enjoy the rights and
freedoms provided by the Constitution of the Republic of Lithuania, international agreements, laws of
the Republic of Lithuania and legal acts of the European Union; foreigners are equal before the law
without distinction as to sex, race, nationality, language, religion, origin, social status, religion,
convictions or views; foreigners must observe the Constitution of the Republic of Lithuania, laws and
other legal acts of the Republic of Lithuania. These general principles are developed by the secondary
legislation.
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Distribution of competences concerning transposition and implementation of Directive 2004/38/EC is
mainly the result of the provisions of the Law on Legal Status of Aliens.
Pursuant to the Law on Legal Status of Aliens the Minister of Internal Affairs is responsible for
development of the majority of secondary legal acts and administrative provisions for implementing
the Directive. The main responsibilities of the Ministry of Internal Affairs are in the following areas:
• Adoption of procedures regulating issuance of the certificate for EU Member State nationals
confirming their rights to reside in Lithuania and issuance, extension and withdrawal of the
EU residence permit to the family members of the EU member state nationals;
• Establishment of exceptional cases when the right to permanently reside in Lithuania is
granted to an EU member state national and his family members who have been legally
resident in the Republic of Lithuania for less than 5 years;
• Establishment of procedures on making decisions to depart and expulsion;
• Establishment of procedures on issuance of alien’s passport for foreign nationals who are
entitled to temporary or permanent residence in the Republic of Lithuania but do not possess a
valid passport of a foreign national or an equivalent travel document; or if it has been lost or
destroyed and the foreign national cannot receive it from the competent institutions of his
country of origin for objective reasons.
Some of the secondary legal acts have been developed by two ministries: the Ministry of Internal
Affairs and the Ministry of Foreign Affairs. Those are: procedures regulating the recognition of valid
travel documents of aliens, entitling the alien to come to Lithuania; establishment of conditions for the
issue of a visa at the border checkpoint; and listing of the institutions and agencies where aliens are
issued visas.
1.2.2 General description of organisation of national authorities

implementing Directive 2004/38/EC Lithuania
The Ministry of Internal Affairs and its institutions are responsible for the implementation of the state
policy in the fields of legal status of foreigners.
The Migration Department under the Ministry of Internal Affairs is responsible for the implementation
of the provisions of the Law on Legal Status Aliens. The Migration Department issues identity
documents to citizens of the Republic of Lithuania and to citizens of any other foreign states and
stateless persons. It also issues visas and the registration certificates and EC residence permits.
The State Border Protection Service under the Ministry of the Internal Affairs at the behest of the
General Commissar of the Police of Lithuania may apply to Vilnius district administrative court with a
request to adopt a decision to withdraw the alien’s right to reside in Lithuania and/or expel the alien
from Lithuania on the grounds of threat he poses to public policy, indicated in the Law on Legal Status
of Aliens.
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Municipalities perform the function of keeping records of the data of declaration and of the persons
who do not have a place of residence. In municipalities where wards are founded, the functions of a
declaration institution shall be carried out by a ward and in municipalities where wards are not
founded or in territories of municipalities which are not attributed to wards, the functions of a
declaration institution shall be carried out by another division of the municipal administration. At the
request of the individual in question, the declaration institution shall issue a document confirming their
declared place of residence.
2 LEGAL ANALYSIS OF THE TRANSPOSING MEASURES FOR DIRECTIVE

2004/38/EC
The requirements of Directive 2004/38/EC are mainly correctly transposed by the Law on Legal Status
of Aliens and its amendments. The Law on Legal status of Aliens regulates both: the legal status of
Union citizens and the legal status of other foreigners. Such approach renders the transposing
provisions quite complex. It seems that the legislator sought to achieve transposition of the Directive
by minimum changes to the provisions of the Law on Legal Status of Aliens. Therefore, the
transposing provisions of the Law on Legal Status of Aliens are too general. A large amount of
secondary legislation was needed to specify and clarify those provisions. The secondary legal acts also
directly transpose the Directive’s requirements, particularly concerning administrative formalities
(registration of residence place, issuance of resident permits, etc).
The fragmentation of the transposing provisions into a variety of secondary legal acts leads to
inconsistencies in the transposing provisions.
The conformity problems when incorporating the Directive’s provision into the Lithuanian legal
system are analysed below in detail.
2.1 Definitions, family members and beneficiaries
Definitions: the concept of “family members” (Article 2)
In general, the definitions have been correctly transposed by the Law on Legal Status of Aliens. The
only conformity problem relates the transposition of Article 2(2)(b):
• Registered partnerships (Article 2(2)(b))
The Civil Code of Lithuania considers registered partnerships as equivalent to marriages. As a

consequence, Article 2, section 4, of the Law on Legal Status of Aliens has included registered
partnerships in the definition of family members.
The definition does not provide that a registered partnership must be contracted on the basis of the
legislation of a Member State. Therefore, partnerships registered on the basis of the legislation of
any 3rd country (even if they are not EU Member States) are recognised in Lithuania. This minor
instance of non-conformity does not create a real conformity problem since the Lithuanian legislation
establishes more favourable conditions for acquiring the status of a family member of a Union citizen.
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However, it should be noticed that the Civil Code also requires that a special law on partnership has to
establish the procedures on registration of partnership. Such a law does not yet exist in Lithuania. The
Supreme Court of Lithuania explained that until the partnership procedures are established, partners
can not register their partnership (see: Judgment of the Supreme Court of Lithuania of 26 April 2006
in civil case No 3K-3-302/2006)15.
It should also be noted in this context that the Civil Code defines the concept of marriage as a
voluntary agreement between a man and a woman to create legal family relations executed following
the procedures provided by law. A man and a woman who have registered their marriage following the
procedure provided in the law shall be deemed to be spouses. Therefore, Lithuania does not recognise
same-sex marriage.
• The host Member State (Article 2(3))
Lithuania does not define the term ‘Host Member State’. The Law on Legal Status of Aliens regulates
the entry and residence in Lithuania of Union citizens and their family members. It is obvious that
Lithuania is a ‘Host Member State’ for all foreigners including citizens of EU Member States who
move to Lithuania. The territorial scope is a consequence of the absence of any precision or limitation,
which means that the legislation applies to the whole territory of Lithuania. No legal doubts can be
thrown on the issue; therefore the Lithuanian approach represents an effective transposition of the
present Directive’s provision.
Beneficiaries and facilitation of entry and residence (Article 3)
Article 3 deals with the beneficiaries of the Directive and also imposes an obligation on the Member
States to facilitate entry for other family members (essentially, members of the extended family). This
category includes: members of the household, other dependants, persons who need the special care of
the Union due to health reasons, and durable partners.
• Union citizens and core family members (Article 3(1))
Article 3(1) of the Directive provides that the Directive shall apply to all citizens who move to or
reside in a Member State other than that of which they are a national, and to their family members (as
defined in point 2 of Article 2) who accompany or join them.
Article 3.1 of the Directive has been correctly transposed. Lithuania provides the main rights of Union
citizens and their family members who join and accompany Union citizen: Article 97 of the Law on
Legal Status Aliens provides the rights to enter and stay in Lithuania for up to three months; Article
101, sections 1 and 2 of the Law provides the rights to reside in the Republic of Lithuania for a period
longer than 3 months and Article 104 provides grounds for permanent residence. Therefore, the Law
on Legal Status Aliens applies to all Union citizens who move to or reside in Lithuania and to the
family members, who accompany or join them. More favorable conditions for family members
accompanying a Lithuanian citizen to obtain residence permits, (referred to in Article 101 section 2 of
the Law) is considered as incorrect transposition.
In particular, in Article 101, section 2 reference to “or joining him from the territory of another EU
Member State”, relates to the very specific case when a family member is ‘accompanying a citizen of
the Republic of Lithuania’. This provision provides more favorable conditions for family members
accompanying a Lithuanian citizen; however it cannot be concluded that if the family member comes
from a third country (e.g. Nigeria) to join the Union citizen, it would not be covered by the legislation.
15
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• Other family members (Article 3(2))
There is no specific transposing measure in Lithuania regarding the facilitation of family members not
falling under the definition of “family member” as noted above. Therefore, general rules on
immigration apply to such groups of ‘family members’. Article 3(2)(a) [on other dependants and
members of the household] and (b) [on partners who shall have the entry and residence facilitated ]
has not been transposed.
Article 3(2) second subparagraph has not been transposed either. Under this provision, when
facilitating entry and residence of extended family members, Member States have to “undertake an
extensive examination of the personal circumstances and to justify any denial of entry or residence”.
Application of general administrative rules gives the authorities the obligation to examine if the
conditions laid down in any legislation are fulfilled, and to justify any denial of rights. Such an
examination must consider personal circumstances. In case of doubt, the Lithuanian authorities
therefore would have to examine the personal circumstances and justify any denial of entry or
residence. However, special provisions obligating the administration to undertake an extensive
examination of the personal circumstances are important for enforceability of Article 3(2) of the
Directive. In any case, since the legislation has not established any specific facilitation procedure for
extended family members, the examination of the personal circumstances has not been transposed
either.
This lack of transposition of Article 3(2)’s obligation of entry and residence for extended family
members should be kept in mind when analysing Articles 5, 6, 7-10, 12-13, 16-20. Extended family
members are not covered by those provisions. The general immigration rules will apply and so there is
no facilitation for obtaining of visas for entry, residence for more than three months, retention of the
right of residence, or acquisition of the right of permanent residence.
2.2 Rights of exit and entry
Right of exit (Article 4)
Article 4 of the Directive provides that Union citizens with a valid identity card or passport and their
family members who are not nationals of a Member State and who hold a valid passport have the right
to leave the territory of a Member State to travel to another Member State. There are no specific
provisions in the Lithuanian legislation on this issue. Article 5 section 1 of LLSoA provides for the
application of the Schengen Borders Code (Regulation 562/2006). Lithuania became a Schengen State
on 21 December 2007. Therefore, the Schengen Borders Code is applicable for foreigners leaving the
territory of Lithuania. It allows crossing internal borders at any point without a border check.
Restrictions can only be established by law according to Article 124 section 3 of LLSoA. In addition,
Article 135, section 1 lists the cases where exit is considered illegal (mainly departure through non
authorised cross-border post; with forged documents; when there are restrictions of freedom of
movement; or departure with no valid travel documents. With regard to restrictions of freedom of
movement, these are linked to the criminal prosecution, for example). As to valid documents, Article 2
Section 10 LLSoA defines a travel document as “passport of a foreign citizen or a travel document
equivalent to it, intended for travelling to a foreign country and recognised in the Republic of
Lithuania”.
All these provisions, including the Schengen Borders Code, ensures that Union citizens with a valid
identity card or passport and their family members who are not nationals of a Member State and who
hold a valid passport have the right to leave the territory of Lithuania to travel to another Member
State. No exit visas are requested. For these reasons, the transposition has been considered correct.
Regarding Identity cards and passports (Article 4(3) and (4)), Article 2 of the Identity Cards Law
requires issuance of identity cards for Lithuanian citizens as the main personal document confirming
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their identity. Pursuant to Article 4, section 1 paragraph 6 of the Identity Card Law an identity card
must state the nationality of its holder. Pursuant to Article 5, sections 1, the institutions authorised by
the Ministry of Internal Affairs must issue or renew identity cards. The law also defines those cases
when an identity card must be renewed.
Pursuant to paragraph 1 of MoI order 1V-498, Lithuanian passports fulfil EU standards laid down by
Council Regulation (EC) No 2252/2004 and appropriate resolutions of the representatives of the
governments of the Member States, meeting within the Council. These passports are therefore valid
for all MS and countries through which the holder must pass when travelling between MS.
Passports issued after the 2nd January 2008 are valid from the date of issue for 10 years for adult
citizens and persons over 18 years; 5 years for persons between 5 and 18 years of age; and 2 years for
persons below the age of 5 years. If a child of age below the age of 5 years is to spend more than 2
years in a foreign country, a passport may be issued with an extended validity which cannot exceed 5
years.
Right of entry (Article 5)
Article 5 provides a general right of entry for Union citizens and family members. In general terms
this has been transposed adequately by the Law on Legal Status of Aliens and secondary legal act –
the Minister of Internal Affairs Order No 397. Article 5, section 1 of the Law provides for the
application of the Schengen Borders Code (Regulation 562/2006) when crossing the internal border. It
allows crossing internal borders at any point without a border check. Therefore, the Schengen Borders
Code is applicable for foreigners leaving the territory of Lithuania. Annex of the Order No 397
provides a precise list of documents needed to enter Lithuania. Union citizens are allowed to enter
with a valid ID card or passport.
Article 5(2) of the Directive provides that possession of a valid ‘residence card referred to in Article
10’ shall exempt family members who are not nationals of a Member State from the visa requirement.
Article 10 of the Directive requires that this document has to be called as ‘Residence card of a family
member of a Union citizen’. Lithuania applies Regulation (EC) No 539/2001 of 15 March 2001 as it is
required by the Directive. Lithuania does not require the visa for a Union citizen’s family members
who possess a permit to live in Lithuania called an ‘EU residence permit’. Lithuanian document ‘EU
residence permit’ practically means the ‘Residence card of a family member of a Union citizen’ as
referred to in the Directive. The differences in the names of the document cannot create a real
transposition problem.
However, from the point of view of legal technique, Article 11, section 4 of the Law on the Legal
Status of Aliens is not precise. This article provides that ‘a family member of a citizen of an EU
Member State who is not a citizen of an EU Member State, but has a residence permit referred to in
Directive 2004/38/EC, shall have the rights to enter to the Republic of Lithuania and stay in it without
visa for up to three-months’. The wording may be wrongly interpreted that family members holding a
residence card need a visa in order to stay in Lithuania for more than 3 months. In reality this
provision means that the family member, holding a residence permit issued in other Member State,
may enter to Lithuania without a visa and stay in it for up to 3 months, but after this period he has to
receive ‘EU residence permit’ from Lithuanian authorities. Lawyers from the Ministry of Internal
Affairs (the ministry which has initiated the amendment to the Law) also have such understanding of
Article 11, section 4 of the Law on Legal Status of Aliens.
According to Article 5(3) of the Directive “the host Member State shall not place an entry or exit
stamp in the passport of family members who are not nationals of a Member State provided that they
present the residence card provided for in Article 10”. Lithuania does not require stamping the
passports of those Union citizen’s family members who are not nationals of a Member State if they
have a temporary or permanent residence permit to live in the Republic of Lithuania. Paragraph 6.6 of
Order 4-705 provides that travel documents (passports for 3rd country citizens) are stamped in
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accordance with the Schengen Borders Code. Article 10(2) of the Schengen Borders Code provides
that the travel documents of nationals of third countries who are members of the family of a Union
citizen to whom Directive 2004/38/EC applies, but who do not show the residence card provided for in
Article 10 of that Directive, shall be stamped on entry or exit.
Article 5(4) is not transposed. Article 5(4) of the Directive creates a specific regime for Union
citizen’s family members who are not nationals of a Member State when he/she is crossing the
border(s). The Article requires Member States to give such persons every reasonable opportunity to
obtain the necessary documents or have them brought to them within a reasonable period of time, or to
corroborate or prove by other means that they are covered by the right of free movement and
residence. Therefore, the Directive aims at establishing a more favourable regime than it is established
for other 3rd country citizens. Lithuania ensures Union citizens and their family members reasonable
opportunities and a reasonable period of time: a persons concerned can reach the embassy of his state,
use telephone/fax and other means of communication to communicate to the authorities and receive
relevant documents. However, the Lithuanian legal acts do not provide such a specific regime and
only refer to the Schengen Practically Border Code. Pursuant to Article 5, section 1 of Law on Legal
Status of Aliens, the Schengen Borders Code applies for Union citizen, or a family member who is not
a national of a Member State entering to Lithuania. Article 11 of Schengen Borders Code provides
opportunities for 3rd country persons to obtain the necessary documents or have them brought to them
within a reasonable period of time, or to corroborate or prove by other means that they are covered by
the right of free movement and residence. However, the Schengen Borders Code does not create
specific regime for Union citizens’ family members but provides common regime for all 3rd country
nationals. Therefore, Article 11 of the Schengen Borders Code does not meet the purpose of Article
5.4 of the Directive – the establishment of a more favourable regime for Union citizens’ family
members that those for others 3rd county citizens.
It should be remembered that the right for other family members to have entry facilitated has not been
transposed (See comments in Article 3(2) of the Directive).
2.3 Right of residence
2.3.1 Right of residence for up to three months (Article 6)
Article 6 grants an initial right of residence for up to three months to EU citizens and any family
members accompanying or joining them. Article 6 of the Directive is correctly transposed with the
exception of the special status of jobseekers.
Article 97, section 1 of the Law on Legal Status of Aliens provides that an alien who is a citizen of an
EU Member State may enter Lithuania and stay in it for up to a three-month period counting from the
first day of entry into Lithuania. Article 97, section 2 of the Law provides that family members of an
EU Member State citizen may be admitted to Lithuania together with a citizen of an EU Member State
or come on a visit to him and stay in for up to a three-month period counting from the first day of
entry.
Lithuania does not impose any conditions or formalities on Union citizens other than to have travel
documents and not to constitute a threat to public security, public order or public health. For residence
up to three months, the possession of a valid identity card or passport is sufficient. Family members
who are not Union citizens have to have the same right where they are in possession of a valid
passport substitute and where they accompany or join the Union citizen. These conditions are in line
with the Directive.
Regarding the special status granted to jobseekers by the ECJ case-law, however, the Lithuanian
legislation is considered as incorrectly transposed, as it does not provide that jobseekers can stay in
Lithuania for 6 months without fulfilling any conditions.
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2.3.2 Right of residence for more than 3 months (Article 7-13)
(a) Conditions under Article 7
Article 7 provides for the right of residence to continue after three months where certain conditions are
satisfied. These conditions have been adequately transposed into Lithuanian legislation.
Article 101, section 1 of the Law on Legal Status of Aliens provides the grounds allowing Union
citizens to reside in Lithuania for a longer than 3 months and Article 1011 of the Law provides the
grounds allowing for a Union citizen’s family members to reside in Lithuania for longer than 3
months. However, some conformity issues have been identified regarding the overall transposition of
Article 7 (Articles 7(2), 7(3) and 7(4)).
• Workers and self-employed persons
Article 7(1)(a) of the Directive is correctly transposed. Article 101, section 1, paragraph 1 of the Law
on Legal Status of Aliens requires that a Union citizen, in order to reside in the Republic of Lithuania
for a longer than 3 months, must be a worker or a self-employed person. However, the Law does not
say that work place or self-employment place must be in Lithuania. This does not entail transposition
problems since the implementation of legal acts clearly provides that work or self-employment must
be in Lithuania. For example, Union citizens have to prove with documents that they work or are self-
employed in Lithuania for their permanent residence (see: the Ministry of Internal Affairs order No.
1V-369, paragraph 19).
• Non economic activities
Article 7(1)(b) is also correctly transposed. Article 101, section 1, paragraph 2 of the Law on Legal
Status of Aliens requires that Union citizen, in order to reside in the Republic of Lithuania for longer
than 3 months, must have: adequate means of subsistence for himself and for the accompanying or
joining family members sufficient for his stay in the Republic of Lithuania; and a valid document as
evidence that he has valid sickness insurance coverage.
The issue of “sufficient resources” is analysed in Article 8(4) below.
• Students
Article 7(1)(c) is also correctly transposed. The Directive’s requirement to ‘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’ has been transposed through
the Application format for the EC residence permit only.
EU citizens and their family members, when applying for an EC residence permit, have to fill in the
Application form in which they also have to declare their ‘means and source of living in Lithuania
(monthly in litas)’. These ‘means and source of living in Lithuania’ should be in line with the
‘livelihood size which may be treated as sufficient resources’, approved by the Ministry of Social
Security and Labour order No. A1-22 (see Article 8 for more details).
Note: MoI order No 1V-290 as a secondary legal act referred to in Article 99, section1 and 3 of
LLSoA, came into force on 3rd August 2008, after this analysis had been completed, therefore it is not
taken into account. Comments to the provisions which will be affected by this secondary legal act are
only provided in section 3 of this study.
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• Family members
Article 7(1)(d) has been correctly transposed by Article 101, section 1, paragraph 4
The Lithuanian legislation does not provide that a Union citizen, whom the family member is
accompanying or joining, must satisfy the conditions provided by Article 7(1)(a), (b) or (c) of the
Directive. This non transposition may create a situation when a Union citizen’s family member, who
accompanies or joins him, does not satisfy the conditions provided by Article 7.1 (a) (b) or (c) of the
Directive, which may be considered a more favourable treatment. However, in practice, the family
member will have to fill in the application form which includes the purpose of stay, and will also have
to show that is the family member of a Union citizen meeting the requirements. Therefore, the
implementation of Article 7(1)(d) and 7(2) is as foreseen by the Directive and is even more
burdensome in some regards (see below discussion of Article 8 and the documents to be submitted).
Article 7(2) extends the right of residence to family members who are not nationals of a Member
State, accompanying or joining the Union citizen in the host Member State. However, the Lithuanian
legislation does not state clearly the residence rights of Union citizen’s family members who are not
citizens of the member states. The Law provides only the obligation to obtain an ‘EU residence
permit’. This should be treated as incorrect transposition.
Pursuant to Article 7(4) of the Directive, the spouse, the registered partner provided for in Article
2(2)(b) and dependent children shall have the right of residence as family members of a Union citizen
meeting the conditions under 1(c). The Directive does not require providing the right of residence for
direct relatives in the ascending lines. Article 101, section 3 of LLSoA establishes more favorable
requirements since it provides the rights of residence to ‘dependent relatives according to direct
ascending line of a citizen of an EU Member State.
• Retention of the status of worker
Article 7(3) of the Directive lists the cases where a Union citizen who is no longer a worker or self-
employed person shall retain the status of worker or self-employed person. This provision has only
been very incompletely transposed by Lithuanian law. Firstly, it should be indicated that there is no
specific provision in the LLSoA. Provision must be found in the Labour Code. Secondly, only the
situation regulated under Article 7(3)(a) of the Directive can be considered transposed.
The provisions of Article 7(3)(a) of the Directive have been transposed correctly. The Labour code
ensures retaining the status of workers or self-employed persons if any person, including Union
citizens, are absent from work due to temporary loss of functional capacity for not more than 120
successive days or for not more than 140 days within the last 12 months, unless laws and other
regulatory acts provide that in the case of a specific disease the position and duties shall be retained for
a longer period. The Labour Code also provides that owners of individual (personal) enterprises,
farmers and employers - natural persons may exercise labour rights and fulfil labour duties
themselves. Effectively, this means that they retain the status of self-employed persons until their
activities in Lithuania are not deregistered.
However, there is nothing similar in the Labour Code that could cover the situations described in
Article 7(3) (b), (c) and (d) of the Directive. The Labour Code and the Law on Unemployment foresee
the unemployment insurance benefit for persons who are dismissed from work without any fault on
the part of the employee concerned. Those laws also foresee vocational training for persons who have
been notified about dismissal from work without any fault on the part of the employee concerned.
However, the Lithuanian legislation does not provide that such termination of the employment
contract or the vocational training form grounds for retention of rights of residence.
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(b) Administrative formalities for Union citizens (Article 8)
Article 8 provides for the possibility for the host Member State to require Union citizens to register
with the relevant authorities. This provision has been transposed adequately into the Lithuanian
legislation by the Law on Legal Status of Aliens; the Law on Declaration of the Residence Place and
the Ministry of Internal Affairs order No 1V-369.
However, some conformity issues have been identified regarding the overall transposition of Article 8
(Articles 8(2) and 8(5)).
• Obligation to register (Article 8(1))
The Directive provides that for periods of residence longer than three months, Member States may
require Union citizens to register periods of residence longer than three months. A residence approval
certificate is required for citizens of a European Union Member State, who have come to live in
Lithuania for a period longer than 3 months in half a year. Article 4, section1, paragraph 2 of Law on
Declaration of Place of Residence and Article 99, section 1 correctly transpose Article 8(1) of the
Directive.
The Lithuanian legislation requires that for residence of more than three months in half a year Union
citizens have to register in the population register of the place of residence. The Law on Declaration of
Place of Residence states that: ‘citizen of the European Union […] who has entered to the Republic of
Lithuania for more than three months within half a year and has obtained the residence rights provided
by the Republic of Lithuania Law on the Legal Status of Aliens [..] must declare their place of
residence in Lithuania’.
The transposition of Article 8(1) of the Directive is incorrect, since the Directive defines the period of
residence ‘from the date of arrival’ (see: article 8(2) of the Directive) but the Lithuanian legislation
defines an aggregated residence in half a year. As such, someone residing in Lithuania for two months
initially, and residing a second time in Lithuania during the same half year for another month would
not be required to register according to the Directive, but would have to register under the Lithuanian
legislation. The requirement to register for residence of three months in half a year in Lithuanian
legislation aims to interpret the wording ‘residence longer than three months’ referred to in Article
8(1) of the Directive.
This provision originates from the existing practice in Lithuanian legislation to describe the meaning
of ‘residence’ when providing periods of residence. For example, article 4.1.3 of the Republic of
Lithuania Law on Personal Income Tax No IX-1007 of 2002-07-02, as last amended by the Law No
X-1543 of 2008-05-14 (see: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=321613)
provides that a resident of Lithuania means ‘any natural person who is present in Lithuania for a
period or periods in the aggregate of 183 days or more during the tax period’. The tax period is one
year.
It seems that the legislator has used the above mentioned practice without taking into account the
specific requirement of Article 8 of Directive 2004/38/EC that the Directive defines the period of
residence ‘from the date of arrival’ but not an aggregated residence in half a year.
The Lithuanian requirement to register in the population register of the place of residence is legally
binding. In order to fulfill the obligation to declare their place of residence, Union citizens have to
obtain a residence approval certificate. Consequently, a residence approval certificate is required for
citizens of a European Union Member State, who have come to live in Lithuania for a period longer
than 3 months in half a year. The Lithuanian legislation does not require Union citizens to declare their
place of residence if they come to Lithuania for a period longer than 3 months but they spend less than
3 months in half a year in Lithuania. For example, a Union citizen comes to Lithuania for a period of 4
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months in a year but for two months he lives in Lithuania during the first half of the year and for the
remaining two months he lives during the second half of the year.
• Time limit for registration and format of certificate (Article 8(2))
Under Article 8(2) the time limit for registration cannot be less than 3 months and the registration
certificate should be issued immediately stating name, address and date of registration. This provision
has not been completely transposed.
Article 99, section 1 of the Law on Legal Status of Aliens foresees residence approval certificates for
Union citizens entering to Lithuania for longer than three months.
MoI order No 1V-290 as a secondary legal act referred to in Art. 99, section1 and 3 of LLSoA, came
into force on 3rd August 2008, after this analysis had been completed, therefore it is not taken into
account. Comments to the provisions which will be affected by this secondary legal act are only
provided in the Conformity Study.
Until 3rd August 2008 the document entitled ‘EC residence permit’, had confirmed residence rights for
Union citizens who live in Lithuania for more than three months. Procedures on issuance of the
document called ‘EC residence permit’ are established by MoI order 1V-369 on EC residence permit
It should be noted that MoI order 1V-369 on EC residence permits aims at issuing the ‘EC residence
permit’ for Union citizens family members, who themselves are not Union citizens; therefore
application of this legal acts to Union citizens is complex. Under paragraphs paragraph 28 of MoI
order 1V-369 on the EC residence permit the document called ‘EC residence permit’ has to be issued
no later than 1 month from the date of receiving the application. This is not in line with the Directive’s
requirement that says that a registration certificate must be issued immediately.
Under Article 4, section1, paragraph 2 of the Law on Declaration of Place of Residence, the deadline
for the registration is longer than three months from the date of arrival. Pursuant to the Rules on
Declaration of Place of Residence and the Data Management, approved by the director of the Citizen
Register Service under the Ministry of Internal Affairs order No (29)4R-18 of 8 April 2008, a
registration certificate must be issued immediately (on the day of application) and at the latest within 3
working days (in case of technical reasons).
• Evidence to be presented (Article 8(3))
For residence longer than three months, the competent authority can just ask the Union citizen to
register his place of residence. However, when registering place of residence, a Union citizen has to
submit a ‘document certifying that a person has obtained the right to live in the Republic of Lithuania’.
Existing procedures on issuance of a ‘document certifying that a person has obtained the right to live
in the Republic of Lithuania’ are complicated due to inconsistency in Lithuanian legislation. This is
because existing document certifying Union citizens rights to reside in Lithuania, called ‘EC residence
permit’, means both: the certification of Union citizens’ rights to reside in Lithuania longer than three
months and certification of Union citizen’s family members’ (who themselves are not Union citizens)
rights to reside in Lithuania.
As described above, MoI order No 1V-290 as a secondary legal act referred to in Art. 99, section1 and
3 of LLSoA, came into force on 3rd August 2008, after this analysis had been completed, so it is not
taken into account. Comments to the provisions which will be affected by this secondary legal act are
only provided in section 3 of this study.
Until 3rd August 2008, the document entitled ‘EC residence permit’, confirmed residence rights for
Union citizens who live in Lithuania for more than three months under Procedures on issuance of the
document called ‘EC residence permit’ and are established by MoI order 1V-369 on the EC residence
permit.
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Pursuant to paragraphs 18.3, 19.1 and 19.4 MoI order 1V-369 regarding the EC residence permit, a
document called ‘EC residence permit’ can be issued if a Union citizen submits a valid passport or
identity card or other document certifying citizenship of European Union Member State and
confirmation on engagement from the employer or a certificate of employment, or proof that he is a
self-employed person.
When filling the Application for issuance of the ‘EC residence permit’, a Union citizen has to declare
means and sources of living in Lithuania during his/her period of residence. MoI order 1V-369
regarding the EC residence permit, paragraph 19.4 provide that a Union citizen has to submit proof
about sufficient resources for themselves and their family members so as not to become a burden on
the social assistance system during the period of residence and to also have comprehensive sickness
insurance cover in Lithuania.
When filling the Application for issuance of the ‘EC residence permit’, a Union citizen has to declare
the purpose of his/her arrival in detail. He/she has to answer whether the purpose is to work under an
employment contract or to engage in lawful activities in Lithuania. The Application for issuance of the
‘EC residence permit’ is contained in Annex IV to the study.
• The definition of “sufficient resources” (Article 8(4))
The Directive provides that Member States may not lay down a fixed amount which they regard as
‘sufficient resources’, but must take into account the personal situation of the person concerned. In all
cases the amount shall not be higher than the threshold below which nationals of the host Member
State become eligible for social assistance, or, where this criterion is not applicable, higher than the
minimum social security pension paid by the host Member State.
The Directive’s requirement to take into account the personal situation of the person concerned is
provided in the Minister of Internal Affairs order 1V-369 on EC residence permit. When applying for
the ‘EC residence permit, a Union citizen has to prove that he has ‘sufficient resources’, taking into
account his personal situation. The requirement to take into account personal situation is not provided
directly in the legislation, but it is obvious since each application for EC residence permit is checked
individually.
The Ministry of Social Security and Labour laid down indicative figures which may be treated as
sufficient resources. This is in line with the Directive’s requirement, since the figures are indicative
only (the order states: ‘which may be treated as sufficient resources’). Therefore, Lithuania does not
contradict to the Directive’s requirement not lay down a fixed amount which it regards as ‘sufficient
resources’, but must take into account the personal situation of the person concerned.
‘Sufficient resources as indicated by MoSSL order A1-22 for foreigners is 400 LTL per month. Taking
into consideration the Government pension strategy, the indicative amount of 400 LTL per month is
nearly the same as the basic social security pension (currently it is - 350 LTL). (see: Social statistics
page http://www.socmin.lt/index.php?-1090790746). The minimum monthly salary (MMA) currently
is 800 LTL (about 232 EUR).
Ministry of Internal Affairs order No 1V-290 of 25 July 2008 on approval of Procedures on issuance
of certificate confirming residence rights for a Citizen of a Member State of the European Union,
which came into force on 3rd August 2008, revokes the requirement to lay down a fixed amount which
may be regarded as ‘sufficient resources’. This legally binding act approves the new application
format for issuance of a certificate for Union citizens, confirming their rights to reside in Lithuania. A
Union citizen has only to declare that he has sufficient resources. There is no need to declare the
means and source of living in a fixed amount as it had been required by the former application format
for issuance of residence permit for Union citizens. The Lithuanian legislation is therefore in full
compliance with the Directive’s requirement not to lay down a fixed amount which they regard as
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‘sufficient resources’. The MoSSL order A1-22 is not relevant to Union citizens and their family
members after 3rd August 2008.
• Evidence for family members who are Union citizens (Article 8(5))
Lithuania transposes Article 8(5) of the Directive in a similar way as Article 8(5) of the Directive is
transposed.
As it is described above, MoI order No 1V-290 as a secondary legal act referred to in Art. 99, section1
and 3 of LLSoA, came into force on 3rd August 2008, after this analysis had been completed,
therefore it is not taken into account for this ToC. Comments to the provisions which will be affected
by this secondary legal act are provided in the Conformity Study.
Until 3rd August 2008 the document, entitled ‘EC residence permit’, had confirmed residence rights
for Union citizens who live in Lithuania for more than three months under Procedures on issuance of
the document called ‘EC residence permit’ and are established by MoI order 1V-369 on EC residence
permit.
Under the Ministry of Internal Affairs order 1V-369 on EC residence permit a document called ‘EC
residence permit’ can be issued if a family member of a Union citizen submits:
- a valid passport or identity card or other document certifying citizenship of European
Union Member State,
- a residence certificate of the Union citizen who accompanies joins him,
- a document attesting to the marriage or registered partnership agreement, or document
attesting that he is the EU citizen’s direct descendant who is under the age of 21 or a
dependant, including direct descendants of the spouse or person with whom the registered
partnership has been contracted, who is under the age of 21 or those who are dependants,
the dependent direct relatives in the ascending line of a citizen of an EU Member State, of
the spouse or of the person with whom the person has contracted a registered partnership.
When filling the Application for issuance of the ‘EC residence permit’, a family member of a Union
citizen has to declare the purpose of their arrival in detail and has to answer whether he/she is a family
member of the Union citizen and whether he/she has means and source of living in Lithuania.
The Application for issuance of the ‘EC residence permit’ is edited as Annex IV to the study.
Articles 8(5)(e) and (f) of the Directive provide that Member States may require the registration
certificate to be issued to family members of Union citizens in cases falling under Article 3(2)(a) and
Article 3(2)(b). The Lithuanian legislation does not facilitate entry and residence for any other family
members, not falling under the definition of ‘family members of an EU Member State citizen’.
Therefore, there are no relevant provisions in the Lithuanian legislation. Therefore, this cannot be
considered as a more favourable treatment.
(c) Family members who are not nationals of a Member State (Article 9-11)
Article 9 of the Directive requires issuance of a residence card to family members of a Union citizen
who are not nationals of a Member State, where the planned period of residence is for more than three
months. This Article has been adequately transposed into Lithuanian legislation by the Law on Legal
Status of Aliens and the Ministry of Internal Affairs order No 1V-369.
However, conformity issues have been identified regarding the overall transposition of Article 9(1).
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• Administrative formalities (Article 9)
Article 9 provides for the issuing of residence cards to the family members of EU citizens who have
the nationality of a third state.
The Directive requires issuance of a ‘Residence card of a family member of a Union citizen’, while the
Lithuanian legislation (Article 99, section 2 of the Law on Legal Status of Aliens) requires issuance of
EU residence permit (full title: Residence permit in the Republic of Lithuania of a family member of a
citizen of an EU Member State). In addition, the Directive requires issuance of ‘Residence card of a
family member of a Union citizen ’where the planned period of residence is for more than three
months’, while LLSoA establishes a ‘3-month period in any half year’.
• Deadline for submitting the residence card application (Article 9(2))
The Directive requires that the deadline for submitting the residence card application may not be less
than three months from the date of arrival. Article 99, sections 2 and 3 of the Law on Legal Status of
aliens provide that the ‘European Union residence permit for family members of a citizen of an
European Member State’ is required for a family member of a Union citizen, who himself is not a
citizen of an EU Member State if he has entered Lithuania for residence longer than a 3-months period
in any half year. This is in line with the Directive.
It should be noted that Article 99 of LLSoA was amended on the 1st February 2008 by Law No X-
1442. However the Law does not foresee the residence cards for family members of a Union citizen
who are not nationals of a Member State but requires the issuance of the ‘European Union residence
permit’.
• Issue of residence cards (Article 10)
Article 10 is a detailed Article addressing the issue of residence cards to family members of a Union
citizen who are not themselves Union citizens. This Article has been adequately transposed into
Lithuanian legislation by the Law on Legal Status of Aliens and the Ministry of Internal Affairs order
No 1V-369.
The Directive requires issuance of a ‘Residence card of a family member of a Union citizen’, while,
the Lithuanian legislation (Article 99, section 2 of the Law on Legal Status of Aliens) requires
issuance of an EU residence permit (full title: Residence permit in the Republic of Lithuania of a
family member of a citizen of an EU Member State). In addition, the Directive requires issuance of a
‘Residence card of a family member of a Union citizen where the planned period of residence is for
more than three months’ while, LLSoA establishes ‘3-months period in any half year’.
Other provisions of Article 10 of the Directive are transposed correctly, however the following issues
should be taken into consideration: firstly, Lithuania applies ‘EC residence permits’ instead of a
‘residence cards” and secondly, the Lithuanian legislation does not provide facilitation for entry and
residence for any other family members, not falling under the definition of ‘family members of an EU
Member State citizen’.
An EU citizen’s family member, who himself is not an EU citizen, has to submit together with his
application for the EC residence permit the following documents: 1) a valid passport or identity card
or other document certifying citizenship of European Union Member State; 2) documents attesting to
the existence of a family relationship or of a registered partnership; 3) a document attesting to the
marriage or registered partnership agreement, or document attesting that he is the EU citizen’s direct
descendants who are under the age of 21 or are dependants, including direct descendants of the spouse
or person with whom the registered partnership has been contracted, who are under the age of 21 or
those who are dependants, the dependent direct relatives in the ascending line of a citizen of an EU
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Member State, of the spouse or of the person with whom the person has contracted a registered
partnership.
• Validity of residence cards (Article 11)
Article 11 provides for the period of validity of residence cards and provides that certain temporary
absences will not render the card invalid. This provision has been adequately transposed into
Lithuanian legislation by the Law on Legal Status of Aliens and the Ministry of Internal Affairs order
No 1V-369.
The Directive’s requirement for the period of validity for residence cards are transposed correctly,
taking into consideration that Lithuania issues ‘EC residence permits” instead of residence cards. EC
residence permits are valid for 5 years or for the period of intended residence in Lithuania if this
period is shorter than 5 years. Lithuania does not foresee a shorter period of validity on the grounds of
temporary absences not exceeding six months a year, or by absences of a longer duration for
compulsory military service or by one absence of a maximum of 12 consecutive months for important
reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in
another Member State or a third country. Since the validity of a card for 5 years shall not be affected if
the person is absent, the Lithuanian legislation creates more favourable conditions.
(d) Retention of the right of residence in the event of death, departure, divorce, annulment or
termination
• Retention of the right of residence by family members in the event of death or

departure of the Union citizen (Article 12)
Article 12 provides that family members retain the right to reside where the Union citizen dies or
leaves the host Member State. The Article deals with a number of different groups of people.
Lithuania almost literally transposed the majority of the requirements referred to in Article 12 of the
Directive. Article 1011, section 1 of the Law on Legal Status of Aliens provides that family members
of a citizen of an EU Member State retain the right to reside in Lithuania if the citizen of an EU
Member State dies or departs from the Republic of Lithuania, when the family members hold the
citizenship of an EU Member State and comply with the grounds established in paragraph 1 of Article
101 of this Law. Article 101 of the Law establishes the grounds to reside in Lithuania.
After a Union citizen’s death or departure his family members, who themselves are Union citizens,
have to comply with the grounds established in paragraph 1 of Article 101 of this Law on their own.
After a Union citizen’s death or departure his family members, who themselves are not Union citizens,
in order for retention of the rights of residence, have to have the following documents: ID card or
passport; a document certifying family relationships with who he arrived to Lithuania; documents to
prove the rights to reside in Lithuania under Article 101, section 1 of the LLSoA; documents
confirming that the citizen of an EU Member State has died or departed from the Republic of
Lithuania; documents confirming that he has been residing in the Republic of Lithuania as a family
member for at least one year before the EU citizen’s death. These documents must be presented when
applying for a permanent resident permit.
The rights of residence are retained on a personal basis. Despite the fact that the Lithuanian legislation
does not use the wording ’personal basis’, it is obvious from Article 1011, section 2 of the Law on
Legal Status of Aliens and paragraph 19 MoI order 1V-369 on the EC residence permit that Union’s
citizen family members, who are not Union citizens, retain their right of residence exclusively on a
personal basis.
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Article 12(3) of the Directive provides that the Union citizen's departure from the host Member State
or his/her death shall not entail loss of the right of residence of his/her children or of the parent who
has actual custody of the children. Lithuania contains a similar provision in the LLSoA. The minor
differences in the legal status of ‘guardianship’ and ‘custody’ should be noted. ‘Custody’ is an official
system based on the Civil Code for protection of rights and interests of children under 14 years and
disabled persons, etc. ‘Guardianship’ is also an official system based on the Civil Code for protection
of rights and interests of children from 14 to 18 years and partially disabled persons, e.g. drug uses,
etc. Both systems have the same legal status: ‘custody’ and ‘guardianship’ can be obtained by
agreements approved by the state child protection authorities or by the courts. The Lithuanian word
‘globa’ may be translated as ‘guardianship’ and also as ‘custody’. Therefore, use of the wording
‘guardianship and custodianship’ for transposition of Article 12(3) of the Directive does not cause
problems.
As regards a programme on formal education, it should be noted that that the education in Lithuania is
performed in accordance with the official (formal) programme. All educational institutions teach
pupils in accordance with approved (formal) programmes. Education received on the basis of
unknown (non-formal) education programmes may cause problems with the recognition of such
education.
• Retention of the right of residence by family members in the event of divorce,

annulment of marriage or termination of registered partnership (Article 13)
Article 13 is similar to Article 12 in that it provides that family members can retain their right of
residence whether there is a divorce, annulment or termination of a civil partnership. Article 13 is
mainly correctly transposed by the Law on Legal status of Aliens and the Ministry of Internal Affairs
order No 1V-369. Article 1011, section 1 of LLSoA provides cases for grounds for retention of the
rights of residence and Article 101, section 1 of LLSoA provides grounds for residence in Lithuania.
However, some conformity issues have been identified regarding the overall transposition of Article
13 (Articles 13(2)(b).
Lithuania provides requirements equivalent to the Directive for the EU citizen’s family members, who
themselves are Union citizens. Before acquiring the right of permanent residence, the persons
concerned must meet the conditions laid down in Article 101, section 1 of LLSoA.
Under Article 1011, section 1 of LLSoA the EU citizen’s family members (who themselves are not
Union citizens before acquiring the right of permanent residence in Lithuania) have to present
documents confirming that they comply with requirements referred to in Article 13(2) of the Directive
(after the annulment of the marriage, divorce and termination of the registered partnership agreement,
the marriage or registered partnership lasted not less than 3 years, with one year of that period in the
Republic of Lithuania). Under paragraph 19.4 of MoI order 1V-369 such family members must
submit: a labour contract or a letter from the company, public institution or organisation confirming
his legal work in the Republic of Lithuania or certificate, agreement for establishment of entity in the
Republic of Lithuania and other documents certifying that the EU citizen’s family member, (who is
not EU citizen), registered the company, public institution or organisation and is its owner, of such
entities, or other documents, confirming his legal work in Lithuania, documents confirming that he
has adequate means of subsistence for himself and for his family members, if they are accompanying
or joining him, sufficient for a stay in the Republic of Lithuania; and a valid document proving that he
has health insurance. It should be noted in this context that the above wording is not precise. It is not
clear as to whether the provision require for ‘workers’ to prove sufficient means or health insurance.
However, it appears that workers are described under the wording ‘a labour contract or a letter from
the company, public institution or organisation confirming his legal work in the Republic of Lithuania
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or certificate’ and therefore there is no requirement for them to prove either sufficient means or health
insurance.
Incomplete transposition occurs when transposing Article 13(2)(b)(d) since the Lithuanian legislation
does not include ‘agreement between the spouses’ as a ground for not to losing the rights of residence.
In addition, the transposition of Article 13(2)(c) is incorrect transposed, since “particularly difficult
circumstances” is transposed as situations which are caused by fault of the spouse who is the Union
citizen, whereas the scope of the circumstances cannot be reduced by national legislation.
2.3.3 Retention of the right of residence (Article 14)
Article 14 provides for the circumstances in which persons retain the rights of residence granted by
Article 6 and Article 7 respectively.
(a) Residence for less than 3 months (Article 14(1))
Lithuania does not provide requirements related to ‘unreasonable burden on the social assistance
system’ to Union citizens and their family members for their residence in Lithuania for up 3 months.
Article 97, sections 1 and 2 provide that Union citizens and their family members may have the right
to be admitted to Lithuania and stay for a period not exceeding three months in any calendar half-year
from the first day of entry. Such foreigners seeking employment or intending to engage in any other
lawful activity in Lithuania may stay for another three months. Lithuania does not provide
requirements related to ‘unreasonable burden on the social assistance system’ to Union citizens and
their family members for residence in Lithuania for up 3 months. The Lithuanian legislation does not
restrict Union citizens’ and their family members’ rights of residence in Lithuania for up 3 months by
their use of Lithuanian social assistance. Therefore Article 14(1) of the Directive has been transposed
correctly.
(b) Residence for more than 3 months (Article 14(2))
Article 14(2) of the Directive indicates that the right of residence is retained for as long as the
conditions laid down in Articles 7, 12 and 13 are met. Generally, Article 14(2) of the Directive is
correctly transposed.
Article 14(2) second indent of the Directive provides that where there is a reasonable doubt as to
whether a Union citizen or his/her family members satisfy the conditions set out in Articles 7, 12 and
13, Member States may verify if these conditions are fulfilled. Lithuania has not transposed this
provision. Therefore, there is no clear indication that verifications can only be carried out in specific
cases, where there is a reasonable doubt, and that they shall not be carried out systematically. This can
be treated as a gap in transposition.
Article 101 section 1, and Article 1011 section 1 of the Law on Legal status of Aliens provide Union
citizens and their family members’ rights to reside in Lithuania for more than 3 months. Those rights
are in line with the Directive. The MoI order 1V-369 on EC residence permit, paragraph 41 provides
that the decision taken to issue or renew the European Union residence permit may be revoked if the
circumstances, which have formed the grounds for this decision, have been changed. This means that
Union citizens and their family members have the residence rights as long as they meet the conditions
set in Article 101, section 1 and Article 1011, section 1 of LLSoA.
The Law requires that such persons must have adequate means of subsistence for him and for his
family members to reside in the Republic of Lithuania. The Ministry of Social Affairs and Labour
order A1-22 indicates the level when a citizen of a Member State of the European Union may become
a burden on the social assistance system of Lithuania. However, the figures in the order A1-22 are
only indicative (paragraph of the order states: ‘which may be treated as sufficient resources’).
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Therefore, Lithuania does not contradict to the Directive’s requirement not lay down a fixed amount
which it regards as ‘sufficient resources’, but must take into account the personal situation of the
person concerned. ‘Sufficient resources as indicated by MoSSL order A1-22 for foreigners is 400 LTL
per month. Taking into account the Government pension strategy this indicative amount is nearly the
same as the basic social security pension (currently - 350 LTL). (see: Social statistics page
http://www.socmin.lt/index.php?-1090790746). The minimum monthly salary (MMA) currently is 800
LTL (about 232 EUR).
(c) Protection against expulsion (Article 14(3)-(4))
• General protection (Article 14(3))
Article 14(3) provides that an expulsion measure shall not be the automatic consequence of a Union
citizen’s or her family member’s recourse to the social assistance system of the host Member State.
Although no Lithuanian transposing provision exists in this regard, Article 14(3) of the Directive can
be considered as transposed. Not having sufficient resources does not represent a ground for expulsion
in the Lithuanian legislation. It is doubtful that such approach an does not offer enough guarantees, but
the lack of grounds for expulsion is a guarantee in itself. Any decision for an expulsion must be based
on the legal provision clearly provided that persons have lost their right of residence. Lack of such
provisions in the Lithuanian legislation presumes that an expulsion measure may in no case be
adopted.
• Workers, self-employed persons, and job seekers (Article 14(4))
Article 14(4) of the Directive provides that an expulsion order may not be adopted against Union
citizens or their family members if the Union citizens are workers or self-employed persons or if the
Union citizens entered the territory of the host Member State in order to seek employment. In this
case, the Union citizens and their family members may not be expelled for as long as the Union
citizens can provide evidence that they are continuing to seek employment and that they have a
genuine chance of being engaged.
Article 14(4)(a) on workers/self-employed persons of the Directive is transposed into Lithuanian

legislation correctly. Article 101, section 1 and 1011, section 1 of the Law on Legal Status of Aliens,
provides that being an employee or self-employed person forms a ground for residence rights. There
are no expulsion measures in the Lithuanian legislation against Union citizens or their family members
if the Union citizens are workers or self-employed persons. A decision for an expulsion must be
grounded on the legal provision clearly provided that persons have lost their right of residence. Lack
of such provisions in the Lithuanian legislation presumes that an expulsion measure may in no case be
adopted against Union citizens or their family members if the Union citizens are workers or self-
employed persons. Therefore, transposition is in line with the Directive. It should be noted that
Lithuania has not completely transposed Article 7(3). Therefore, certain workers and self-employed
person will not retain their status of worker and may be considered as not meeting the conditions.
The situation is different for jobseekers under Article 14(4)(b). The Law on Legal Status of Aliens
provides the grounds for residence rights, but, seeking employment does not form a ground for
residence rights of Union citizens and their family members. Even if no expulsion measures can be
adopted in Lithuanian legislation against the Union citizens who entered the territory of Lithuania in
order to seek employment, jobseekers are not protected from expulsion. Under paragraph 49 of MoI
order 369 EU the European Union residence permit may be revoked if the circumstances, for which
the permit has been granted, have been changed. Therefore Article 14(4)(b) is transposed
incompletely.
(d) Article 15: procedural safeguards
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Article 15 of the Directive has been correctly transposed.
Article 15(2) provides that the expiry of the identity card or passport on the basis of which the person
concerned entered the host Member State and was issued with a registration certificate or residence
card shall not constitute a ground for expulsion.
Article 15(2) of the Directive is correctly transposed. There are no provisions in the Lithuanian
legislation stating that expiry of the identity card or passport on the basis of which the person
concerned entered Lithuania constitute a ground for expulsion from Lithuania. Therefore, there are no
a grounds for expelling them from Lithuania. The Lithuanian legislation foresees expulsion measures
only if the stay of the Union citizens or their family members would pose a threat to state security and
public order (Article 106, section 1).
2.4 Right of permanent residence
2.4.1 General rule for Union citizens and their family members (Article 16: Eligibility)
Article 16(1)-(2) provides that Union citizens (and their family members) who have resided legally for
a continuous period of five years in the host Member State shall have the right of permanent residence
there. This right shall not be subject to the conditions provided for in Chapter III.
Article 16(1)-(2) of the Directive has been incorrectly transposed. Article 104, section 1 of the Law on
Legal Status of Aliens provides that Union citizens who have been legally resident in Lithuania for the
last 5 years or who have retained the right of Lithuanian citizenship according to the procedure
established by the Law on Citizenship; is of Lithuanian descent or entered the Republic of Lithuania
for residence accompanying the citizen of the Republic of Lithuania as his family member, shall
acquire the right to permanently reside in the Republic of Lithuania. The secondary legal act (MoI
order 1V-369) provides that absence in Lithuania exceeding six months a year may form a ground for
refusing the grant of the right to permanently reside. However, Article 16(1)-(2) of the Directive
defines ‘temporary absences not exceed a total of six months a year’ as a ground for continuity of
residence. Lithuanian legislation does not transpose the condition ‘of a maximum of 12 consecutive
months’, therefore it has established stricter terms than those set in the Directive. Article 104, section
1 and section 2 of the Law on Legal Status of Aliens requires residence for ‘the last 5 years’. It should
also be mentioned that the provision of Article 16(1): ‘This right shall not be subject to the conditions
provided for in Chapter III’ has not been transposed.
• Continuity of residence (Article 16(3))
Article 16(3) provides for situations in which the continuity of residence will not be affected through
temporary absences.
Article 16(3) of the Directive has been incorrectly transposed. The Directive provides that ‘Union
citizens who have legally resided for a continuous period of five years in the host Member State shall
have the right of permanent residence‘. However, the Lithuanian legislation establishes stricter terms
than those in the Directive. Article 104, section 1 and section 2 of the Law on Legal Status of Aliens
requires residing for ‘the last 5 years’
2.4.2 Acquisition of the right of permanent residence for workers/self-employed

persons and their family members (Article 17)
Article 17(1) provides that the right of permanent residence may be enjoyed under certain conditions
before the completion of the five-year period by certain categories of persons like pensioners or
workers taking early retirement.
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The provisions of Article 17 of the Directive have been transposed almost literally by the secondary
legal act – the Minister of Internal Affairs order No 1V-369 (paragraphs 3, 4, 5, 6, 7, 8, 9). It should be
noted that this secondary legal act is not precise and contains some inconsistencies; this is why a new
MoI order on procedures for issuance of EC residence permits has been prepared.
2.4.3 Acquisition of the right of permanent residence by family members who are
not nationals of a MS and retained their right of residence (Article 18)
Article 18 allows family members of EU citizens who retain a right of residence under Article 12(2) or
Article 13(2). This provision has been transposed almost literally by Article 104, section 2 of the Law
on Legal Status of Aliens.
2.4.4 Documents certifying permanent residence for Union citizens (Article 19)
Article 19 deals with the permanent residence certificate for Union citizens. The provisions of Article
19 of the Directive have been correctly transposed by the secondary legal act – the Minister of Internal
Affairs order 1V-369 (paragraphs 21 and 24).
Lithuanian procedures on issuance of certificate on residence rights for EU citizens (MoI order 1V-
369_EU) requires information certifying the applicant’s identity (passport or ID card), documents
certifying family relationships with the EU citizen whom he accompanied to live in Lithuania, and the
document certifying that the applicant has paid a fee for issuance of the certificate on residence rights
for EU citizens. The application format requires information on the data when the applicant enters into
Lithuania. Verification of duration of residence is undertaken after personnel in the migration
department check the data submitted and the data from the Register of foreigners. If a person has
acquired the right of permanent residence under one of the conditions of Article 17 and 18 of the
Directive he has to provide information of meeting those requirements together with application. No
special format for application for permanent residence is approved. The Union citizen’s application
must be examined and decision on it must be made not later than within one month from the date that
the application was received at the migration service office.
2.4.5 Permanent residence card for family members who are not nationals of a MS
(Article 20)
Similarly, Article 20 provides for the permanent residence certificate for family members who are not
Union citizens.
• Permanent residence card (Article 20(1))
Article 20(1) of the Directive has been transposed correctly by Article 104, section 5 and 8 of the Law
on Legal Status of Aliens. ‘Residence permit in the Republic of Lithuania of a family member of a
citizen of an EU Member State’ is issued in accordance with the procedures established by MoI order
1V-369. A person has to provide the following documents: application (free format); travel
documents; documents certifying residence rights; documents that a person has valid health insurance;
a document that he/she has paid 10 LTL (3 EUR). No special format for application for the permanent
residence is approved.
• Deadline for application (Article 20(2))
The provisions of Article 20(2) of the Directive have been transposed incompletely. The Lithuanian
legislation does not require submission application before the EC Residence permit expires. A family
member who is not a national of a Member State, is only given a right to apply for renewal of his EC
residence permit when his EC residence permit expires.
• Interruptions in residence (Article 20(3))

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The Directive provides that ‘interruption in residence not exceeding two consecutive years shall not
affect the validity of the permanent residence card’. However, Article 104, section 7 of LLSoA states
that ‘the acquired right to permanently reside in the Republic of Lithuania shall be lost if the person
departs from the Republic of Lithuania for a longer period than 2 consecutive years’.
However, Lithuania does not foresee that the validity of a card for 5 years shall not be affected if the
person is absent. Therefore the Lithuanian legislation created more favourable conditions.
2.4.6 Continuity of residence (Article 21)
Article 21 provides that continuity of residence may be proven by any form of evidence. In Lithuanian
law this follows from the rules of proof in administrative law. Article 57, section 1 of the Law on
Administrative Proceedings, defines concept of evidences in the administrative proceedings. Therefore
all those means of proof are admitted in an administrative procedure and can be used for attestation of
continuity of residence. Therefore the Lithuanian legislation is in line with Article 21 of the Directive.
The second sentence of Article 21 of the Directive provides that continuity of residence is broken by
any expulsion decision duly enforced against the person concerned. The Lithuanian legislation does
not provide that continuity of residence is broken by any expulsion decision duly enforced against the
person concerned.
2.5 Common provisions (Articles 22-26)
2.5.1 Territorial scope (Article 22)
Article 22 provides that the territorial scope of the Directive is the whole of the Member State and that
restrictions on movement may only be imposed where the same restrictions apply to nationals of the
Member State itself. The provisions of Article 22 of the Directive have been correctly transposed.
Article 32 of the Constitution of the Republic of Lithuania provides that citizens may move and
choose their place of residence in Lithuania freely and may leave Lithuania freely. These rights may
not be restricted other than by the law and if it is necessary for the protection of the security of the
State, the health of the people as well as for the administration of justice. The right of residence and
the right of permanent residence cover the whole territory of Lithuania.
Article 22 also states that Member States may impose territorial restrictions on the right of residence
and the right of permanent residence only where the same restrictions apply to their own nationals.
Lithuania does not impose territorial restrictions on the right of residence and the right of permanent
residence other than those provided in the Criminal code which is applicable the same for Lithuanian
citizens and foreigners
2.5.2 Right to take up employment by family members (Article 23)
Article 23 provides a right for family members who have the right of residence to take up
employment. The provisions of Article 23 of the Directive have been correctly transposed by Article
103 of the Law on Legal Status of Aliens. There are no restrictions on the employment or self-
employment of Union citizens and their family members in Lithuania. Moreover, Article 103 of the
Law on Legal Status of Aliens, in order to encourage their employment or self-employment, does not
require the obtaining of a work permit.
2.5.3 Equal treatment (Article 24)
Article 24 of the Directive provides that all Union citizens residing on the basis of this Directive in the
territory of the host Member State shall enjoy equal treatment with the nationals of that Member State
within the scope of the Treaty.
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There is no specific transposition of Article 24(1) in the Lithuanian legislation. Equal treatment could
be obtained through the application of Article 12 of the EC Treaty, which under Article 138 of the
Constitution of the Republic of Lithuania is applicable in as consistent part of the Lithuanian legal
system. Therefore, the courts can refer to the EC Treaty and it must be respected by legislative and
executive authorities. Article 29 of the Constitution of the Republic of Lithuania provides that all
persons shall be equal before the law, the court, and other State institutions and officials. The rights of
the human being may not be restricted, nor may he be granted any privileges on the ground of gender,
race, nationality, language, origin, social status, belief, convictions, or views. The Civil code provides
that foreign citizens in the Republic of Lithuania possess the same civil capacity as the citizens of the
Republic of Lithuania. Exceptions to this rule may be established by the laws of the Republic of
Lithuania. The Labour code provides that foreign nationals and stateless persons, who are permanently
residing in the Republic of Lithuania, shall have the same legal capacity in labour relations in the
Republic of Lithuania as its citizens. The Code of Administrative Offences establishes equal sanctions
for residents of Lithuania in cases of infringement of procedures established under the Law on Legal
Status of Aliens. Under the Law on Cash Social Assistance for Low-income Families and Single
Residents, permanent residents of Lithuania who meet equal conditions have the right to state-
provided cash social assistance if they used their entitlement to receive sufficient income. The Law
defines ‘persons permanently residing in the Republic of Lithuania’ as citizens of Lithuania or aliens
who permanently reside in Lithuania whose data regarding place of residence in the Republic of
Lithuania (or data on the municipality in which they live if they have no place of residence), have
been entered into the Register of Residents of the Republic of Lithuania. Therefore implementation
of the principle of equal treatment is fully ensured.
Lithuanian legislation does not confer the entitlement to social assistance during the first three months
of foreigners’ residence in Lithuania. Social services, e.g. social attendance or social care are provided
on a personal basis using equal treatment to Lithuanians or foreigners. Under the Law on Cash Social
Assistance for Low-income Families and Single Residents, only permanent residents of Lithuania
who meet equal conditions, have the right to state-provided cash social assistance if they used their
possibilities to receive sufficient incomes. The Law defines ‘persons permanently residing in the
Republic of Lithuania’ as citizens of Lithuania or aliens who permanently reside in Lithuania whose
data on the place of residence in the Republic of Lithuania or data on the municipality in which they
live if they have no place of residence, have been entered into the Register of Residents of the
Republic of Lithuania.
2.5.4 General provisions concerning residence documents (Article 25)
Article 25(1) of the Directive does not allow that a registration certificate, a document certifying
permanent residence, a certificate attesting submission of an application for a family member
residence card, a residence card or a permanent residence card, be made a precondition for the exercise
of a right or the completion of an administrative formality. The rights may be attested by any other
means of proof. However, the Lithuanian legislation (Article 2, section 4(1) of LLSoA) defines
‘Residence permit in the Republic of Lithuania of a family member of a citizen of an EU Member
State as a document ‘granting a member of the family of the citizen of an EU Member State, who is
not a citizen of an EU Member State, the right to live in the Republic of Lithuania’. Under the
Lithuanian legislation documents should be requested before a person can exercise a right.
Article 25(2) of the Directive requires that all documents mentioned in paragraph 1 shall be issued free
of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents.
Law on Fees and other legal acts establish charges which do not exceed those imposed on Lithuanian
citizens for issuing of similar documents. The charges are defined by the Government resolution.
Currently those charges are 10 LTL (3 EUR) for issuance or residence permit.
2.5.5 Checks (Article 26)
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Article 26 provides that Member States may have checks to ensure that beneficiaries of the Directive
carry their residence cards in the same way as nationals carry their identity card. As there is no
obligation on Lithuanian nationals to carry any form of identification with them, this provision has not
been transposed.
2.6 Restrictions on the right of entry and residence on grounds of public policy,
public security and public health
2.6.1 General principles (Article 27)
Article 27(1) provides that Member States may restrict the freedom of movement and residence of
Union citizens and their family members on grounds of public policy, public security or public health.
These restrictions have been transposed adequately into Lithuanian legislation by the Law on Legal
Status of Aliens. Article 98, section 2 of LLSoA provides that a national of an EU Member State shall
be refused entry to the Republic of Lithuania if his/her stay in the Republic of Lithuania would
constitute a threat to state security, public policy or public health. However, the Lithuanian legislation
does not include the Directive’s provision that the grounds for restriction of the freedom of movement
and residence of Union citizens and their family members ‘shall not be invoked to serve economic
ends’. It should be noted in this context that no definitions of public policy and public security exist in
the Lithuanian legislation. The only court proceeding grounded on public policy and public security is
against a Russian citizen started 3 years ago in the Administrative court but it is not yet finished.
The provisions referred to in Article 27(2) of the Directive are not transposed. Although the rights of
entry and the rights of residence can be restricted only in accordance with the Law on Administrative
proceedings, which provides general legal principles of proportionality and requires the judges in
administrative cases to actively participate in the examination of evidence, establishing all the material
circumstances for the case and making a comprehensive and objective review of the said
circumstances, non transposition of Article 27(2) of the Directive may be interpreted as not granting
the same guarantees provided by the Directive regarding personal conduct and the non consideration
of previous convictions.
Article 27(3) of the Directive has been correctly transposed by the Law on Legal status of Aliens.
Article 133, section 3 of the Law on Legal Status of Aliens provides that the list of aliens for whom
entry into Lithuania is refused shall be drawn up, administered and the information from this list shall
be submitted to the Schengen central information system by the Migration Department. Exchange of
information based on the Schengen central information system ensures compliance with the
Directive’s requirement to provide information concerning any previous police record the person
concerned may have and that such enquiries are not made as a matter of routine.
From MoI order 1V-369 on EC residence permit, paragraph 29, as amended by Order 1V-264 of 2008-
07-10, it is clear that in order to control entrance of persons to whom entry to Lithuania is prohibited,
the Migration department uses data from the Foreigners register, from the database of the Secretariat
General of Interpol and the database of the Schengen information system. MoI order 1V-369_EU also
requires checking information from the State Security services and the Police. The fact that a person is
included in the SIS does not lead to an automatic refusal of entry.
Provisions of Article 27(4) of the Directive are not transposed.
2.6.2 Protection against expulsion (Article 28)
Article 28 provides for a number of considerations to be taken into account before taking expulsion
decisions. This Article has not been transposed adequately into Lithuanian legislation.
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• General considerations before expulsion (Article 28(1))
Article 128, sections 1 and 2 of the Law on Legal Status of Aliens establishes general considerations
which must be made before taking an expulsion measure, as in line with Article 28(1) of the
Directive. The Law provides that when taking a decision to expel an alien from the Republic of
Lithuania, account must be taken of: the period of his lawful stay in Lithuania; the person’s family
relationship with other persons resident in Lithuania; the person’s social, economic and other
connections in the Republic of Lithuania; the type and extent of the dangerousness of the committed
violation of law. The Lithuanian wording ‘when taking a decision’ means that ‘before taking a
decision’ or at least during assessment to apply or not to apply an expulsion. In any case the wording
‘when taking a decision’ does not mean that the decision has been already taken.
• Protection of permanent residents (Article 28(2))
The Directive provides that an expulsion decision against Union citizens and their family members,
who have the rights of permanent residence may not be taken, except on serious grounds of public
policy or public security. Article 106, section 1 in conjunction with Article 106, section 4 of LLSoA
does not include ‘serious grounds of public policy or public security’. Therefore, the Lithuanian
legislation allows the expulsions on less serious grounds.
• Special protection for minors and people already residing for 10 years (Article 28(3))
The Lithuanian legislation does not foresee that an expulsion decision against a Union citizen, who has
resided in the host Member State for the previous 10 years, may not be taken, except on imperative
grounds of public security, as defined by Member State. Lithuania also does not provide for an
expulsion decision against a Union citizen who is a minor, except if the expulsion is necessary for the
best interests of the child, as provided for in the United Nations Convention on the Rights of the Child
of 20 November 1989. An expulsion decision may not be taken, except on imperative grounds of
public security, as defined by the Member State. Therefore, the Lithuanian legislation allows the
expulsions on less serious grounds.
2.6.3 Public health (Article 29)
Article 29 provides for a definition of public health, listing the sorts of diseases that may justify
invocation of the public health ground. The Directive provides specific categories of diseases, which
can only justify measures restricting freedom of movement. Article 112 of the Law on Legal Status of
Aliens includes general provisions that ‘freedom of movement may be restricted in the Republic of
Lithuania only in the interests of state security or public order, or public health or morals, for crime
prevention purposes or seeking to protect the rights and freedoms of other persons’. No other specific
details are foreseen. Therefore, transposition of Article 29 is incomplete.
2.6.4 Expulsion as a penalty or legal consequence (Article 33)
Article 33 of the Directive has been correctly transposed. Article 126, section 1 of the Law on Legal
Status of aliens provides a final list of legal grounds for expulsion of foreigners. The grounds referred
to in this Article do not constitute the legal bases for penalties. Neither the Code of Administrative
Offences (see: Article 206) nor the Criminal code (see: Articles 291-292) foresee expulsion orders as a
penalty or legal consequence of a custodial penalty.
2.7 Procedural safeguards against decisions restricting free movement (Article 15,
and Articles 30-31)
2.7.1 Notifications of the decisions (Article 30)
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Article 30(1) of the Directive requires that the persons concerned shall be notified in writing of any
decision taken under Article 27(1), in such a way that they are able to comprehend its content and the
implications for them. This provision has been correctly transposed by MoI order 1V-429. Paragraph
27.3 of this secondary legal act requires that the person concerned is notified in writing as regards the
decision taken and in a language that he/she understands. This does not necessarily imply that the
person will comprehend the content and implications of the decisions but the provision has been
considered as transposed.
Note that the guarantees of Article 30 are not entirely applicable to the decisions covered by Article
15.1, which renders transposition of Article 15.1 incomplete.
Article 30(2) of the Directive requires that the persons concerned shall be informed, precisely and in
full, of the public policy, public security or public health grounds on which the decision taken in their
case is based. Lithuania has transposed correctly these requirements by the Law on Administrative
Proceedings and the Minister or Internal Affairs order No 429. Article 12 of the Law on
Administrative Proceedings provides that the material of the heard administrative case, except for the
material of the cases heard in a closed session of the court, shall be public and available for
examination to the interested persons, including those persons who were not party to the proceedings.
The persons shall acquire the said right after the decision disposing of the case or the order to dismiss
the case or to leave the petition unconsidered becomes effective. In addition paragraph 45 of MoI
order 429 provides that upon receiving the decision of the Migration department or Vilnius District
Administrative Court on expulsion of a foreigner, the institutions responsible for execution of the
decision shall immediately: notify the foreigner about the decision on the expulsion in a language
which the foreigner understands. The decision must be signed by the foreigner. A verified copy of the
decision on his/her expulsion must also be presented to the person concerned.
Article 30(3) of the Directive requires the notification shall specify the court or administrative
authority with which the person concerned may lodge an appeal, and the time limit for the appeal.
Lithuania has transposed correctly these requirements by the Law on Administrative Proceedings and
the Law on Legal Status of Aliens. Chapter X of the Law on Legal Status of aliens contains Articles
136-1401 which established common proceedings for applications against the decisions taken. The
procedures provided for appealing against any decision taken against Union citizens and their family
members on grounds of public policy, public security or public health and procedures for appealing
against any other decision taken against Union citizens and their family members are established by
the Law on Administrative Proceedings. This law does not make procedural differences related to
appealing and safeguards. The only difference is that only Vilnius administrative court hears Union
citizens’ and their family members’ complaints related to public policy, public security or public
health. The Vilnius administrative court and the other administrative courts follow the Law on
Administrative Proceedings. An appeal against decisions taken in accordance with LLSoA may be
filed with the appropriate administrative court in a way and under the conditions established by the
Law on Administrative Proceedings.
The time limits and procedure for appeal against the decision is clearly provided in the court decision.
Article 127, section 4 of LLSoA provides that the decision on expulsion, grounded on the public
policy, public security or public health grounds must be taken only by Vilnius District Administrative
Court in accordance with the procedures set up in the Law on Administrative Proceedings. The person
concerned is informed precisely (he/she receives the whole text of the decision). The decision contains
provision on the rights and terms for appealing against the decision. The time allowed to leave the
territory is not less than one month from the date of notification.
2.7.2 Procedural safeguards under Article 31
Article 31(1) of the Directive provides that the persons concerned must have access to judicial and,
where appropriate, administrative redress procedures in the host Member State to appeal against or
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seek review of any decision taken against them on the grounds of public policy, public security or
public health. Lithuania has transposed correctly these requirements by the Law on Administrative
Proceedings and the Law on Legal Status of Aliens. Chapter X of the Law on Legal Status of aliens
contains Articles 136-1401 which established common proceedings for applications against the
decisions taken. The procedures provided for appealing against any decision taken against Union
citizens and their family members on grounds of public policy, public security or public health and
procedures for appealing against any other decision taken against Union citizens and their family
members are established by the Law on Administrative Proceedings. This law does not make
procedural differences related to appealing and safeguards. The only difference is that only the Vilnius
administrative court hears Union citizens’ and their family members’ complaints related to public
policy, public security or public health. The Vilnius administrative court and the other administrative
courts follow the Law on Administrative Proceedings. An appeal against decisions taken in
accordance with LLSoA may be filed with the appropriate administrative court in the way and under
the conditions established by the Law on Administrative Proceedings.
Article 31(2) of the Directive provides that where the application for appeal against or judicial review
of the expulsion decision is accompanied by an application for an interim order to suspend
enforcement of that decision, actual removal from the territory may not take place until such time as
the decision on the interim order has been taken. Article 139, sections 1 and 2 of LLSoA provide more
favorable terms for the suspension of the enforcement of the expulsion decision than those in the
Directive. The Lithuanian laws require suspension only if ‘appeal against or judicial review of the
expulsion decision is accompanied by an application for an interim order to suspend enforcement of
that decision’.
The redress procedures shall allow for an examination of the legality of the decision, as well as of the
facts and circumstances on which the proposed measure is based. They shall ensure that the decision is
not disproportionate. Lithuanian administrative legislation fully ensures procedural safeguards
including the appeal process. Lithuanian administrative legislation ensures an examination of the
legality of the decision appealed. Article 136 of the Law on administrative Proceedings obligate the
courts while hearing the case on appeal to review the legality and validity of both the contested and
uncontested parts of the decision. An analysis of proportionality is part of the examination of the
legality of the act. The courts must review the case in full including an examination of the facts.
Article 31(4) of the Directive provides that Member States may exclude the individual concerned from
their territory, pending the redress procedure, but they may not prevent the individual from submitting
his/her defense in person, except when his/ her appearance may cause serious troubles to public policy
or public security or when the appeal or judicial review concerns a denial of entry to the territory.
Lithuanian administrative legislation fully ensures the appellant’s participation in the appeal process.
Foreigners’ defense in person when a decision is appealed is ensured by the Law on Administrative
proceedings and by LLSoA.
2.7.3 Exclusion orders (Article 32)
Article 32(1) of the Directive provides that persons excluded on grounds of public policy or public
security may submit an application for the lifting of the exclusion order after a reasonable period. This
Article of the Directive has been transposed incompletely. Lithuanian legislation includes material
circumstances of the case as a ground for lifting of the exclusion decision in accordance with renewal
administrative proceedings. Providing the rights for the persons concerned to submit a petition for the
renewal of the proceedings, the Lithuanian legislation forms grounds for applying to the court for
renewal of the proceedings. However, specific provisions referred to in Article 32(1) of the Directive
are not transposed. Therefore, this should be treated as incomplete transposition.
Article 32(2) of the Directive provides that the persons excluded on grounds of public policy or public
security must have no right of entry to the territory of the Member State concerned while their
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application is being considered. Lithuania has not transposed the Directive’s this
requirement.Therefore it is more favorable transposition.
2.8 Final provisions (Chapter VII)
2.8.1 Publicity (Article 34)
Article 34 of the Directive has been correctly transposed. The website http://www.migracija.lt/
provides information concerning the rights and obligations of Union citizens and their family members
in Lithuania.
2.8.2 Abuse of rights (Article 35)
Article 35 of the Directive has been correctly transposed. The Directive allows MS to adopt the
necessary measures to refuse, terminate or withdraw any right conferred by this Directive in the case
of abuse of rights or fraud. Article 35 section 1, paragraph 2 of the Law on Legal Status of Aliens,
following the option allowed by the Directive, refuses the issue or renewal of a residence permit if the
data which he submitted in order to receive a residence permit is not realistic or illegally obtained; if
false documents have been submitted; or if there is serious ground to believe that a marriage of
convenience or an adoption of convenience has been concluded. No measures to refuse, terminate or
withdraw any right conferred by this Directive which contradict or are not in line with the requirement
of the Directive are established in Lithuania. No case law exists. Some proceedings have already
started.
2.8.3 Sanctions (Article 36)
Article 36 of the Directive has been correctly transposed. Article 143 of the Law on Legal Status of
Aliens provides that the other laws shall lay down provisions on the sanctions applicable to breaches
of LLSoA. The Code on Administrative Offences provides sanctions for infringement of orders on
entry to the Republic of Lithuania, residence in it, transit through it and leaving it by foreigners. The
sanctions are: warning or a fine from 150 to 1000 LTL (45-290 EURO). The Criminal code (Article
291) provides sanctions for anyone, including foreigners, who illegally cross the state border. The
sanctions laid down in Lithuanian legislation are proportionate, since they start from very low level
and increase for up two years of imprisonment. Therefore, the courts have good chance to apply the
principle of proportionality in individual cases.
2.8.4 More favourable provisions (Article 37)
Article 37 of the Directive has not been transposed, since the Directive’s provision does not require
the transposition. No provisions under Lithuanian law that could be considered as more favourable
have been identified.
2.8.5 Transposition (Article 40)
The references to the Directive are incorporated in the Law on Legal Status of Aliens. However, delay
with transposition occurs, since the last amendment to the Law on Legal Status of aliens was adopted
on 1st February 2008.
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3 Recent developments
The Ministry of Internal Affairs order No 1V-290 of 25 July 2008 on approval of Procedures on
issuance of certificate confirming residence rights for a Citizen of a Member State of the
European Union and Procedures on issuance, extension and revocation of residence permits for
European Union citizen‘s family members who are not nationals of a Member State of the EU
Amendment to the Law on Legal Status of Aliens of 1st February 2008 requires that the ‘certificate on
confirmation of Union citizen’s residence rights’ has to be adopted by the Minister of Internal Affairs.
Following this obligation the Minister of Internal Affairs on the 25 July 2008 adopted order No 1V-
290 on the approval of Procedures on issuance of certificate confirming residence rights for a Citizen
of a Member State of the European Union and Procedures on issuance, extension and revocation of
residence permits for European Union citizen‘s family members who are not nationals of a Member
State of EU (thereinafter – MoI order No 1V-290).
This secondary legal act came into force on 3rd August 2008 and after the analysis for this study had
been completed.
(See: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=325573&p_query=&p_tr2=).
Most of the provisions included in the MoI order 1V-290 do not specifically affect EU citizens or their
family members since they repeated the provisions provided in the existing secondary legislation
establishing procedures on issuance of certificate confirming residence rights for a Citizen of a
Member State of the European Union and issuance, extension and revocation of residence permits for
European Union citizen‘s family members who are not nationals of a Member State of EU. However
there are some provisions that may have impact on them.
Comments below relate to the provisions which will be affected by this secondary legal act.
Provisions related to transposition of Article 7(1)(b)(c) and Article 7(2)
The Directive’s requirement to 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’ has been transposed through the Application format for the EC residence permit
approved by the minister of Internal Affairs. EU citizens and their family members, when applying for
a EC residence permit, had to fill in the Application form in which they inter alia had to declare, in
litas, their ‘means and source of living in Lithuania.
The MoI order No 1V-290 provides two new application formats:

• Application for Issuance of Certificate Confirming Union Citizen’s Rights to Live in the
Republic of Lithuania;
• Application for Issuance of a Permit to Reside in the Republic of Lithuania for Union
Citizen’s Family Members.
The newly approved Application for Issuance of Certificate Confirming Union Citizen’s Rights to
Live in the Republic of Lithuania does not require the declaration, monthly and in litas, of their means
and sources of and sources of living in Lithuania. It is sufficient if the person concerned declares that
he has ‘sufficient resources to live in Lithuania’.
Provisions related to transposition of Article 8(2)
Under Article 8(2) of the Directive the time limit for registration cannot be less than 3 months and the
registration certificate should be issued immediately, stating name, address and date of registration.
Until 3rd August 2008, under paragraph 28 of MoI order 1V-369 on EC residence permit, the
document called ‘EC residence permit’ had to be issued not later than 1 month from the date of
receiving the application. This was not in line with the Directive’s requirement that says that a
registration certificate must be issued immediately.
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The MoI order No 1V-290 provides that a request for issuance of a certificate confirming Union
citizen’s rights to live in Lithuania shall be issued not later that 5 days from receiving the application
(Paragraph 26 of the MoI order No 1V-290).
Until 3rd August 2008, under paragraph 28 of the MoI order 1V-369, when filling the Application for
issuance of the ‘EC residence permit’, a Union citizen had to declare purpose of arrival in detail. The
new Application format, approved by the MoI order No 1V-290, does not include such a requirement.
It should be also mentioned that the new MoI order No 1V-290 provides precisely what documents
have to be submitted in order to obtain a certificate confirming Union citizen’s rights to live in
Lithuania (paragraphs 13.1; 13.2; 13.3 and 13.4). It had not been clear enough from paragraph 19.1 of
the MoI order 1V-369, whether a ‘worker’ when applying for a document called ‘EC residence
permit’, had to prove both: an employment or proof that he is a self-employed person and also
‘sufficient means’ and sickness insurance. It is obvious from the new MoI order No 1V-290 that there
is no requirement for a ‘worker’ to prove ‘sufficient means’.
Article 8(4) of the Directive provides that Member States may not lay down a fixed amount which
they regard as ‘sufficient resources’.
Until 3rd August 2008, due to a complexity of MoI order 1V-369, it had not been clear enough whether
the above requirement of the Directive is correctly transposed, since the Application format for a
document entitled ‘EU residence permit’ had required the filling in of a box called ‘Means and source
of living in Lithuania (monthly in litas)’. The newly approved Application for Issuance of Certificate
Confirming Union Citizen’s Rights to Live in the Republic of Lithuania does not require declaration
‘monthly in litas’ of means and source of living in Lithuania. It is enough if the person concern
declares that he has ‘sufficient resources to live in Lithuania’.
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BIBLIOGRAPHY
• Constitution of the Republic of Lithuania (Lietuvos Respublikos konstitucija), Vilnius, 1992.
• Civil Procedure Code of the Republic of Lithuania (Lietuvos Respublikos civilinio proceso
kodeksas), Official Gazette, 2002, No 36-1340.
• Law on Administrative Proceedings of the Republic of Lithuania (Lietuvos Respublikos

administracinių bylų teisenos įstatymas), Official Gazette, 1999, No 13-308; 2000, No 85-2566.
• Law on Public Administration of the Republic of Lithuania (Lietuvos Respublikos viešojo

administravimo įstatymas), Official Gazette, 1999, No 60-1945.
• Bulletin of the Administrative Court Practice No. 8, p. 191.
• Daniel A. Bilak, Administrative Justice in Lithuania (Administracinė justicija Lietuvoje),

1993Sąjungos piliečių ir jų šeimos narių teisė laisvai judėti ir gyventi Sąjungos teritorijoje, Vadovas –
kaip pasinaudoti visomis Direktyvos 2004/39/EB teikiamomis galimybėmis, Vilnius, 2007.
• Seimas website: www.lrs.lt
• Eurolex
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Europa Institute
ANNEX I: Table of concordance for Directive 2004/38/EC
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ANNEX II: List of relevant national legislation and administrative acts
List of Legislation
Consolidated versions of the legislation can be found at http://www3.lrs.lt/
1. Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties (Republic of Lithuania Law on the
Legal Status of Aliens) No IX-2206 of 29 April 2004, as amended by No IX-924 of 28 November 2006,
Valstybės žinios, 2004, No 73-2539; 2006, No 137-5199; 2008, No 22-803 (thereinafter – LLSoA),
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=315087;
2. Lietuvos Respublikos asmens tapatybės kortelės įstatymas (Republic of Lithuania Law on Identity
Cards) No IX-577 of 6 November 2001, Valstybės žinios, 2001, No 97-3417 (thereinafter – Identity
cards law), http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=154166&p_query=&p_tr2=
3. Lietuvos Respublikos paso įstatymas (Republic of Lithuania Passport Law) No IX-590 of 8 November
2001, as amended by No X-705 of 20 June 2006, Valstybės žinios, 2001, No 99-3524; 2006, No 77-
2957 (thereinafter – Passport law), http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=280169
4. Paso formos aprašymas (Description of Passport Format), approved by the Minister of Internal Affairs
of the Republic of Lithuania order No 1V-498 of 28 December 2006 (thereinafter – MoI order 1V-498)
5. Kelionės dokumentų, kurie suteikia teisę užsieniečiui atvykti į Lietuvos Respubliką, pripažinimo
tvarkos aprašas (Procedures for Recognition of Travel Documents Giving the Rights for Entry to
Lithuanian Republic), approved by Order No V-101/1V-397 of the Minister of the Internal Affairs of
the Republic of Lithuania and the Minister of Foreign Affairs of the Republic of Lithuania of 21
November 2007, Valstybės žinios, 2007, No 125-5123 (thereinafter – Order No 397)
6. Asmenų, vykstančių per valstybės sieną, kelionės dokumentų žymėjimo instrukciją (Manual on
Stamping of Travel Documents for Persons Crossing the Border), approved by the State Border
Protection Service upon the Minister of the Internal Affairs together with the Minister of Foreign
Affairs Order No 4-705 of 6 October 2006, as amended by No 4-841 of 16 November 2006, Valstybės
žinios, 2006, No 109-4152; No 124-4747 (thereinafter – Order 4-705)
7. Dokumentų vizai gauti pateikimo, vizos išdavimo, taip pat ir vizos išdavimo pasienio kontrolės
punktuose, buvimo Lietuvos Respublikoje turint vizą laiko pratęsimo, vizos panaikinimo taisyklės
(Rules on submission of documents for issue of a visa, visa issue, also on visa issue at border control
posts, the extension of a period of stay in the Republic of Lithuania being in possession of a visa and on
cancellation of a visa), approved by Order No 1V-280/V-109 of the Minister of the Internal Affairs of
the Republic of Lithuania and the Minister of Foreign Affairs of the Republic of Lithuania of 2
September 2004, Valstybės žinios, 2004, No 113-4961; 2006, No. 18-634, No 75-2896; 2007, No 2-85,
No 31-1144, No 121-4969 (thereinafter – Order No 109)
8. Lietuvos Respublikos konsulinio mokesčio įstatymas (Republic of Lithuania Law on Consular Fees), as
amended by No X-1300 of 2007-10-18, Valstybės žinios, 2007, No. 114-4631 (thereinafter – LCF)
9. Lietuvos Respublikos konsulinio mokesčio tarifai (Consular fees tariffs of the Reublic of Lithuania),
approved by the Government Resolution No 1135 of 16 November 1994, as amended by No 1347 of 27
October 2004, Valstybės žinios, 2004, No 158-5789 (thereinafter – Resolution 1347)
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=244116&p_query=&p_tr2=;
10. Lietuvos Respublikos gyvenamosios vietos deklaravimo įstatymas (The Republic of Lithuania Law on
Declaration of Residence Place) No VIII-840 of 2 July 1998, as amended by No X-961 of 2006-12-07,
(Valstybės žinios, No 141-5395) http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=289812
11. Gyvenamosios vietos deklaravimo ir deklaravimo duomenų tvarkymo taisyklės(Rules on Declaration of
Residence Place Data Management), approved by the director of Citizen Register Service under the
Ministry of Internal Affairs order No (29)4R-18 of 8 April 2008 (Valstybės žinios, 2008,
12. Užsieniečių registro nuostatai (Statutes on the Register of Foreigners), approved by the Government of
the Republic of Lithuania resolution No 1342 of 14 December 2005, Valstybės žinios, 2005, No 147-
5353 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=267719&p_query=&p_tr2
13. Pažymos Europos Sąjungos valstybės narės piliečiui jo teisei gyventi Lietuvos Respublikoje patvirtinti
formą (Format for the Certificate Confirming a Union citizen’s Residence Rights in Lithuania,
Valstybės žinios, 2008, Nr. 52-1934
14. Pažymos Europos Sąjungos valstybės narės piliečio teisei nuolat gyventi Lietuvos Respublikoje
patvirtinti išdavimo tvarkos aprašas (Procedures on issuance of permanent residence certificates for
citizens of Member States of the European Union), approved by the Minister of the Internal Affairs of
the Republic of Lithuania order No 1V-369 of 25 October 2007, Valstybės žinios, 2007, No 113-4607
(thereinafter – MoI order 1V-369_EU)
15. Europos Sąjungos valstybės narės piliečio šeimos nario leidimo gyventi Lietuvos Respublikoje
išdavimo, pratęsimo ir panaikinimo Europos Sąjungos valstybės narės piliečio šeimos nariams, kurie
nėra Europos Sąjungos valstybės narės piliečiai, tvarkos aprašą (Procedures on issuance, extention and
revocation of residence permits for European Union citizen‘s family members who are not nationals of
a Member State of EU), approved by the Minister of the Internal Affairs of the Republic of Lithuania
order No 1V-369 of 25 October 2007, Valstybės žinios, 2007, No 113-4607 (thereinafter – MoI order
1V-369_ on EC residence permit) EU)
16. Lietuvos Respublikos socialinių paslaugų įstatymas (Republic of Lithuania Law on Social Services) No
X-493 of 19 January 2006, Valstybės žinios, 2006, No 17-589 (thereinafter – Law of Social Services)
17. Sprendimų dėl užsieniečio įpareigojimo išvykti, išsiuntimo, grąžinimo ir vykimo tranzitu per Lietuvos
Respublikos teritoriją priėmimo ir jų vykdymo taisyklės (Rules on making and implementation of
decisions on expulsion, expulsion, reentering and tranziton of foreigners through the border of the
republic of Lithuania), adopted by the Minister of Internal Affairs order No 1v-429 of 24 December
2004, Valstybės žinios, 2005, No 4-70 (thereinafter – MoI order 1V-429)
18. Lietuvos Respublikos darbo kodeksas (Republic of Lithuania Labour Code), No IX-926 of 4 July 2002,
as amended by No X-458 of 20 December 2005, Valstybės žinios, 2002, 64-2569; 2005, No 67-2400
(thereinafter – Labour Code) http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=169334
19. Lietuvos Respublikos civilinis kodeksas (Civil Code of the Republic of Lithuania), No VIII-1864 of 18
July 2000, Valstybės žinios, 2000, 74-2262 (thereinafter – Civil Code)
20. Lietuvos Respublikos socialinės apsaugos ir darbo ministro 2007 m. sausio 29 d. įsakymas Nr. A1-22
,,Dėl pragyvenimo Lietuvos Respublikoje lėšų dydžio, kuris gali būti laikomas pakankamu pragyventi
Lietuvos Respublikoje užsieniečiui, prašančiam išduoti leidimą gyventi, nustatymo (A1-22 of 29
January 2007 on settlement of livelihood size which may be treated as sufficient resources for aliens
requesting of residence permit in the Republic of Lithuania), Valstybės žinios, 2007, No 15-570
(thereinafter – MoSSL order A1-22)
21. Lietuvos Respublikos nedarbo socialinės apsaugos įstatymas (The Republic of Lithuania Law on
Unenploment social Insurance) No IX-1904 of 16 December 2003, as last amended by No X-1399 of
2007-12-20, (Valstybės žinios, 2007, No 138-5654)
22. Užsieniečių registro nuostatai (Statutes on the Register of Foreigners), approved by the Government of
the Republic of Lithuania resolution No 1342 of 14 December 2005, Valstybės žinios, 2005, No 147-
5353 http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=267719&p_query=&p_tr2=
23. Užsieniečių, kuriems draudžiama atvykti į Lietuvos Respubliką, sąrašo sudarymo ir tvarkymo taisyklės
(Rules on drawing up and administration of the list of foreigners to whom exit to the Republic of
Lithuania are refused), approved by the Government of the Republic of Lithuania resolution No 436 of
20 April 2005, Valstybės žinios, 2005, No 52-1747 (thereinafter – Governmental resolution 436)
24. Leidimų laikinai gyventi Lietuvos Respublikoje užsieniečiams išdavimo bei fiktyvios santuokos
sudarymo įvertinimo taisyklės (Rules on issuance of temporary residence permit in the Republic of
Lithuania for aliens and assessment of fictitiuos marriage), approved by the Minister of the Internal
Affairs of the Republic of Lithuania order No 1V-329 of 12 October 2005 as amended by No 1V-242 of
28 June 2007, Valstybės žinios, 2005, No 126-4509; 2007, No 75-2981 (thereinafter – Order 1V-329)
25. Lietuvos Respublikos vidaus reikalų ministro 2008 m. liepos 25 d. įsakymas Nr. 1V-290 ,,Dėl pažymos
Europos Sąjungos valstybės narės piliečiui jo teisei gyventi Lietuvos Respublikoje patvirtinti išdavimo
tvarkos aprašo ir Europos Sąjungos valstybės narės piliečio šeimos nario leidimo gyventi Lietuvos
Respublikoje išdavimo, galiojimo pratęsimo ir panaikinimo Europos Sąjungos valstybės narės piliečio
šeimos nariams tvarkos aprašo patvirtinimo” (The Ministry of Internal Affairs order No 1V-290 of 25
July 2008 on approval of Procedures on issuance of certificate confirming residence rights for a Citizen
of a Member State of the European Union and Procedures on issuance, extension and revocation of
residence permits for European Union citizen‘s family members who are not nationals of a Member
State of EU, Valstybės žinios, 2008, Nr. 88-3537 (thereinafter – Order 1V-290)
ANNEX III: Selected national case law
Judgment of the Supreme Court of Lithuania of 26 April 2006 in civil case No 3K-3-302/2006,).16
16
ANNEX IV: Application for issuance (extension) of the EC Residence Permit
See: http://www.migracija.lt/index.php?-1068915596
_______________________________________________________
(Pirmas ir kiti vardai / given and other names, pavardė / surname)
Teritorinės policijos įstaigos migracijos skyriui, poskyriui ar grupei

(Lietuvos Respublikos diplomatinei atstovybei ar konsulinei įstaigai)
To a Migration office, suboffice or group of the territorial police body
(to a diplomatic mission or a consular office of the Republic of Lithuania)
Išduoti (PRATĘSTI) EUROPOS BENDRIJŲ VALSTYBĖS NARĖS PILIEČIOleidimą gyventi

/APPLICATIONFOR ISSUANCE (EXTENTION) OF THE EC RESIDENCE PERMIT
_____________
(data / date )
Prašau išduoti Europos Bendrijų valstybės narės piliečio leidimą gyventi / I hereby apply for the EC
residence permit.
1. Pateikiu duomenis apie save / I present the information about myself below:
Pavardė
Surname
Ankstesnė pavardė
Previous surname
Pirmas ir kiti vardai Nuotraukos
Given and other names vieta
Lyti  Vyr.  Mot. Gimimo data: metai, mėnuo, diena Photo
s Male Female Date of birth: YYYY MM DD
Sex
Gimimo vieta
Place of birth
Šeiminė padėtis
Marital status
Nevedęs
Netekėjusi
Single
Vedęs
Ištekėjusi
Married
Našlys (-ė)
Widowed

Išsituokęs (-usi)
Divorced
Partnerystės sutartis
Partnership contract
Pilietybė Ankstesnė pilietybė
Citizenship Previous citizenship
Nuolatinės gyvenamosios vietos adresas kilmės valstybėje
Address of permanent residence in the country of origin
Numatoma atvykimo į Lietuvą data
Intended arrival date to Lithuania
Būsimasis adresas Lietuvoje
Intended address in Lithuania
Asmens kodas Lietuvoje

Personal code in Lithuania
Ar sergate ligomis, kurios gali grėsti gyventojų sveikatai ?

 Taip  Ne
Are you suffering from illnesses that are threatening public
Yes No
health ?
2. Atvykimo į Lietuvos Respubliką tikslas (nurodyti) / Purpose of arrival to the Republic of Lithuania
(please give details):
Dirbti Lietuvos Respublikoje
 Gyventi su šeima:  To work under employment contract in the
To stay with family: Republic of Lithuania
Lietuvos Respublikoje gyvena tėvai  Užsiimti teisėta veikla Lietuvos Respublikoje
 Parents live in the Republic of Lithuania To engage in lawful activities in the Republic
of Lithuania
 Lietuvos Respublikoje gyvena vaikai  Teikti paslaugas
Children live in the Republic of Lithuania To provide services
 Lietuvos Respublikoje gyvena sutuoktinis  Gauti paslaugų
Spouse lives in the Republic of Lithuania To receive services
  Turiu teisėtą pragyvenimo šaltinį
Esu Europos Bendrijų valstybės narės piliečio šeimos narys
I have lawful source of living
I am a family member of the citizen of the EC Member State
 Studijuoti mokymo įstaigoje, stažuotis, kelti
kvalifikaciją
To study, intern or improve qualification in
educational institution
Kvietėjo vardas ir pavardė, adresas ir tel. Nr. arba įmonės pavadinimas, adresas, tel. Nr.
Name and surname, address and telephone of inviting person or organisation
3. Kartu su manimi atvyksta / The following are arriving together with me:
Giminystės ryšys Vardas ir pavardė Gimimo data ir vieta Lytis Pilietybė

Family relationship Name and surname Date and place of birth Sex Citizenship
4. Prašau išduoti EB leidimą gyventi / Please issue the EC residence permit:

Prašau išduoti EB leidimą Tai mano pirmas leidimas naujas leidimas
gyventi, galiojantį iki This is my First permit New permit
Please issue the EC residence permit
expiring on
Ankstesnio leidimo galiojimo laikas
Validity term of previous permit
5. Kelionės dokumento (asmens tapatybės kortelės) duomenys / Data of travel document (identity card):
Kelionės dokumentas (užsienio pasas, ATK) Kitas dokumentas (nurodyti)

 Travel document (foreign passport, ID card)  Other document (please indicate)
Dokumento numeris, išdavimo data ir valstybė
Document number, date and country of issue
Dokumentą išdavusi institucija
Document issued by
Dokumentas galioja iki
Document expires on
6. Informacija apie sutuoktinį / Information about spouse:
Pavardė Ankstesnė pavardė

Surname Previous surname
Pirmas ir kiti vardai
Given and other names
Gimimo data
Date of birth
Gimimo vieta
Place of birth
Pilietybė Ankstesnė pilietybė
Citizenship Previous citizenship
Santuokos data ir vieta
Date and place of marriage
Nuolatinės gyvenamosios vietos adresas ir telefonas
Address and telephone of permanent residence
7. Informacija apie vaikus arba išlaikomus asmenis (neatsižvelgiant į amžių) / Information about
children or dependants (despite their age):
Vardas ir pavardė Giminystės Pilietybė Gimimo data

Lytis Adresas
Name and surname ryšys Citizenship Date of birth
Sex Address
Family
relationship
8. Informacija apie tėvus / Information about parents:

Tėvo vardas ir pavardė
Full name of father
Gimimo data Pilietybė
Date of birth Citizenship
Adresas kilmės valstybėje
Address in the country of origin
Motinos vardas ir pavardė
Full name of mother
Gimimo data Pilietybė
Date of birth Citizenship
Adresas kilmės valstybėje
Address in the country of origin
9. Pragyvenimo lėšos Lietuvoje (per mėn. litais) ir jų šaltinis / Means and source of living in Lithuania
(monthly, in litas):
10. Papildomai noriu pareikšti / In addition, I would like to declare:
PRIDEDAMA / ATTACHED
(nurodomi prie prašymo pridedami dokumentai / list of the documents attached to the application):
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Sutinku, kad, vadovaujantis Lietuvos Respublikos asmens duomenų teisinės apsaugos įstatymu (Žin., 1996, Nr.
63-1479; 2003, Nr. 15-597), būtų tvarkomi ir gaunami duomenys apie mane, sprendžiant su EB leidimu gyventi
susijusius klausimus.
Garantuoju, kad mano pateikti duomenys yra teisingi, ir žinau, kad neteisingas duomenų pateikimas gali turėti
įtakos priimant sprendimą dėl EB leidimo gyventi išdavimo arba dėl išduoto EB leidimo gyventi panaikinimo.
I agree that according to the Republic of Lithuania law on Legal Protection of Personal Data information about
me would be gained and administered when dealing with the issues related to the EC residence permit.
I do hereby declare that the above data is correct and I am aware that misrepresentation of data may result in
the denial of issue of the EC residence permit or cancellation of valid EC residence permit.
(asmens parašas / personal signature) (vardas ir pavardė / name and surname)

Prašymą ir jame nurodytus dokumentus priėmiau ir patikrinau, ar jie tinkamai užpildyti:
__________________________________________
(priėmusio dokumentus valstybės tarnautojo pareigų pavadinimas)
________________________
(vardas ir pavardė)
________________________
(parašas)
________________________
(data)

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Conformity Study for Lithuania

Directive 2004/38/EC on the right of citizens of the Union and their

EXECUTIVE SUMMARY ......................................................................................................................... 6

SUMMARY DATASHEET ...................................................................................................................... 12

ABBREVIATIONS USED ....................................................................................................................... 17

2 LEGAL ANALYSIS OF THE TRANSPOSING MEASURES FOR DIRECTIVE 2004/38/EC................. 21

3 Recent developments ............................................................................................................. 46

ANNEX I: Table of concordance for Directive 2004/38/EC

• Article 3(2): “Other family members”

• Article 8: Administrative formalities for EU citizens

• Article 14(4)(b): Protection against expulsion for jobseekers

• Article 27: Not using public policy/public security as economic grounds

Other instances of incomplete transposition are provided in section 2 below.

ii. Incorrect transposition

• Article 6 (1) : Special status of jobseekers:

• Article 10: Residence cards for third country family members

Other cases of incorrect transposition are provided in section 2 below.

• Article 2(2): The definition of ‘family member’

tvarkos aprašas, Valstybės žinios, 2007, No 113-4607

2. Assessment of the transposition

The tables below provide an overview of the conformity problems.

a) Incomplete transposition or non-transposition

b) Incorrect or imprecise/ambiguous transposition

c) Minor instances of non-conformity

ECJ European Court of Justice

LDRP: The Republic of Lithuania Law on Declaration of Place of Residence

LLSoA Law on Legal Status of Aliens

MoI Ministry of Internal Affairs

MoSSL Ministry of Social Security and Labour

Free movement as a fundamental freedom of the internal market

1.2 FRAMEWORK FOR TRANSPOSITION & IMPLEMENTATION OF DIRECTIVE 2004/38/EC

1.2.1 Distribution of competences according to the national Constitution

1.2.2 General description of organisation of national authorities

2 LEGAL ANALYSIS OF THE TRANSPOSING MEASURES FOR DIRECTIVE

2.1 Definitions, family members and beneficiaries

Definitions: the concept of “family members” (Article 2)

• Registered partnerships (Article 2(2)(b))

The Civil Code of Lithuania considers registered partnerships as equivalent to marriages. As a

• The host Member State (Article 2(3))

Beneficiaries and facilitation of entry and residence (Article 3)

• Union citizens and core family members (Article 3(1))

2.2 Rights of exit and entry

Right of exit (Article 4)

Right of entry (Article 5)

2.3 Right of residence

2.3.1 Right of residence for up to three months (Article 6)

(a) Conditions under Article 7

• Workers and self-employed persons

• Non economic activities

The issue of “sufficient resources” is analysed in Article 8(4) below.

• Retention of the status of worker

• Obligation to register (Article 8(1))

• Time limit for registration and format of certificate (Article 8(2))

• Evidence to be presented (Article 8(3))

• The definition of “sufficient resources” (Article 8(4))

• Deadline for submitting the residence card application (Article 9(2))

• Issue of residence cards (Article 10)

• Validity of residence cards (Article 11)

• Retention of the right of residence by family members in the event of death or

• Retention of the right of residence by family members in the event of divorce,

2.3.3 Retention of the right of residence (Article 14)

(a) Residence for less than 3 months (Article 14(1))