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I doubt you will get much joy along this avenue of enquiry since article 1 of the directive  explicitly lists the groups to which the directive applies:


Article 1
  1. The provisions of this Directive shall apply to any national of a Member State who resides in or travels to another Member State of the Community, either in order to pursue an activity as an employed or self-employed person, or as a recipient of services.

  2. These provisions shall apply also to the spouse and to members of the family who come within the 1 OJ No 57, 26.8.1961, p. 1073/61. 2 OJ No 80, 13.12.1961, p. 1513/61. 3 OJ No 2, 15.1.1962, pp. 32/62 and 36/62. 4 OJ No 56, 4.4.1964, p. 845/64. 5 OJ No 134, 14.12.1962, p. 2861/62. 6 OJ No 56, 4.4.1964, p. 856/64. provisions of the regulations and directives adopted in this field in pursuance of the Treaty.
by det on Sun Jan 27th, 2008 at 07:29:29 AM EST
As an afterthought: Do you have the option of trying to get your record expunged?

There is no reason why "petty offenses" should follow you all your life.

by det on Sun Jan 27th, 2008 at 07:43:55 AM EST
[ Parent ]
The state (Wisconsin) has not changed its expungement laws since 1975 and applies only to juveniles. There was a push on last year in the Wisconsin Legislature to get this updated, which would have, in my case, allowed me to totally free of this...
I even contacted the sponsors of the bill and offered to speak at committee hearings, but the bill died.
Now, the only thing I can depend upon is my extensive education and volunteer service...
 
by euamerican on Sun Jan 27th, 2008 at 08:52:04 AM EST
[ Parent ]
Actually, this directive has been put to use with regard to Turkish workers (and has nothing to do with the Ankara Agreement) and other third country nationals.

There are a couple of other pieces of legislation that I could use, such for student permits.
Also, the other main themes to other pieces of legislation are "fairness" and "human dignity." I saw proposed legislation out there that would be useful upon refusal due to criminal record.
An appeal to a national court upon refusal could also bring up human rights and an explanation as to why disorderly conduct and vandalism in 1987 outweighs all the other good things I've done in my life.
Upon ANY refusal based only on criminal record (which any refusal would have to be based on) I do intend on writing the Commission, among other things...

Still, I will continue to look for work and school opportunities in the European Union despite my "record."
 

by euamerican on Sun Jan 27th, 2008 at 08:52:55 AM EST
[ Parent ]
Yes - and some of the legislation on common visa policies appeared to be useful in my case.
What is really lacking with these "scarlet letter" laws of the Member States' is fundamental fairness and human dignity, which are purported to be "European values."

Also, given that penology in Europe tends toward rehabilitation and reintergration of offenders, these types of policies in the area of visas and immigration simply don't fit which European values and ideas about criminal rehabilitation.

by euamerican on Sun Jan 27th, 2008 at 09:02:55 AM EST
[ Parent ]
Good luck!
by Metatone (metatone [a|t] gmail (dot) com) on Sun Jan 27th, 2008 at 03:31:10 PM EST
[ Parent ]

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