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A website for your rights

Subjects covered include employment, social security, taxes, consumer protection, residency...the list goes on. Even better, this website not only provides the relevant EU regulations, but also the corresponding regulation in each member state in twenty different languages. The legal advice is written in a straightforward manner, and even better (or should I say worse): It's free. The new member states, Poland included, are not yet listed on this site, but will be soon.

Non-EU nationals with a Polish residency card, such as myself, are generally entitled to the same protections described on this website, with the exception of not being able to vote or hold public office. Let's take a look at a few sample questions:

Retirement in Portugal
For years, my wife Elizabeth, who is a Polish citizen, has been telling me that she would like to retire one day to sunny Portugal. Is this possible? The answer is easy to find on the website. First, click on "Residence Rights." Next, click on "Retirement." And then click on "Portugal," and up pops the answer. As long as my wife has sufficient funds to support herself (which would be evidenced by enrollment in Poland's social security system), she is free to retire to sunny Portugal. And more importantly, she is free to take me with her, regardless of my citizenship.

Voting in Ireland
I, on the other hand, would like to retire one day to Ireland. If I am able to convince Elizabeth that Ireland is just as sunny and warm as Portugal, will she be able to vote and run for elected office in Ireland? The answer can again be found on the website. First, click on "Rights of EU citizens in another EU country." Next, click on either "Local Elections" or "EU Elections." And finally, click on "Ireland." As long as Elizabeth establishes residency in Ireland, yes, she may not only vote in local and EU elections, but also run for elected office, subject to a few exceptions. For instance, she cannot be simultaneously registered to vote in both Poland and Ireland. She must choose one or the other to exercise such a right. Further, if the percentage of nationals from other EU member states living in Ireland were to exceed 20 percent of Ireland's population, Elizabeth's right to vote and run for elected office could be restricted, for instance: Ireland could establish a transitional period during which EU nationals could not vote or run for office in Ireland. Fortunately, the percentage is presently around 5 percent. By the way, in Ireland the penalty for voting twice is a fine up to ?1,200 and/or up to two years imprisonment.

Driving in Estonia
This summer our family plans to visit the Baltics by car. Is a Polish driving license sufficient, or will we need to obtain special permission? The answer is simple. First, click on "Driving License," followed by "Mutual Recognition" and "EU Wide Information." A driving license issued in one member state is valid in all other member states.

Legal Assistance in Portugal
In the event my wife wins the argument and we retire to Portugal, what would happen if we end up in a legal dispute with a government agency? Does Portugal provide free legal assistance? To find this answer we need to click on "Enforcing Your Rights," followed by "Legal Assistance" and "Portugal." I am happy to report that Portugal does provide free legal assistance to those individuals who otherwise cannot afford legal counsel. Greece, on the other hand, does not provide legal assistance in disputes with government agencies.

Paul Fogo is a senior attorney with Miller Canfield

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