Translation of "Circular movement " (English → French) :

The European Council, in conclusions adopted in December 2006, stated that "While respecting the competences of Member States in this area, consideration will be given to how legal migration opportunities can be incorporated into the Union's external policies in order to develop a balanced partnership with third countries adapted to specific EU Member States' labour market needs; ways and means to facilitate circular and temporary migration will be explored; the Commission is invited to present detailed proposals on how to better organize and inform about the various forms of legal movement ...[+++] between the EU and third countries by June 2007".

The issue of facilitating legal movements of people between third countries and the EU, and in particular circular migration, is important and complex.

The Mouvement contre le racisme, l'antisémitisme et la xénophobie ASBL (Movement to combat racism, anti-semitism and xenophobia; "MRAX") applied to the Belgian Conseil d'État (Council of State) for annulment of a 1997 circular of the Ministers for the Interior and for Justice relating to obtaining a visa for the purpose of contracting a marriage in Belgium or of reuniting a family on the basis of a marriage contracted abroad.

The letter says that, "the regime envisaged by point 2 of circular 616 seems to contravene Article 48 of the Treaty, given that it constitutes an unjustified obstacle to the free movement of workers in so far as it affects professional footballers whose contract has ended, who are nationals of a Member State and who wish to exercise their right to free movement within the European Union".

The Commission has also noted to its satisfaction that the Italian Government and other governments are gradually falling into line with its recommended approach for the swift settlement of disputes, i.e. that pending the formal amendment of contested legislation Member States should take provisional steps (e.g. circulars or similar administrative acts) to ensure compliance with the rules on the free movement of goods within the single European market.

Moreover, the Commission notes with satisfaction that the German government, and other governments, are increasingly adopting the approach that it recommends in order to reach a quicker settlement of the dispute i.e. that while awaiting formal amendments to the offending legal texts, the Member States will take temporary action (by means of interpretative circulars other than administrative action of the same type) in order to ensure compliance with the rules governing the free movement of goods within the single European market.