slightly confused now...

[Tarn1]

We have E106s which expire 5 Jan 2008. We went to CPAM when we arrived (2 yrs ago) and we have Carte Vitales. We haven't heard anything from anyone official. So, my question is, will we be covered by CMU ( we haven't been contributing) after 6 Jan or will we (as I suspect) have to get private insurance in Jan. Obviously we will go down to the CPAM office the first week in Jan and apply to join CMU...

Tom

[cooperlola]

You must, according to the new rules, get private health cover.  However, there are still many valid arguments against these rules which we continue to fight.  One of the more compelling is the fact that any new rules which may affect the rights of EU citizens must be properly publicised - via the media and other channels - properly and in good time.  The fact is that a revised set of rules was published as recently as 14th December.  Without PHI you will be an illegal resident from 6th January.  This does not seem like a reasonable advanced warning to us - even if the rules are legal (which we still contest they are not.)

This draft letter may help:

http://www.frenchhealthissues.eu/E106/e106_15.htm

[Tarn1]

Many thanks, I'll use it,

Tom

[Tarn1]

Oh, Just looked and the only problem I have is that I haven't received anything from them to use this to reply to. Do I sit tight and reply when I receive something, or do I pre-empt it (probably too late) by sending it to someone, and if so who should I send it to?

tia,

Tom

[cooperlola]

You could just use something like "I have just read on a forum that..." rather than using the letter bit?

You have pm.

Edit : Send it to your local CPAM btw.

[seb47]

We'd like to wish all a Happy New Year.

PHI set up and ready to go, but in view of the fact that we've had no indication by post/media or other means about the recent decisions or our obligations (and just supposing we didn't have internet access) - we're thinking what is the legal position? No-one has bothered to tell us personally that we need private health insurance. Any views on the legality of our stance if we do nothing?

[cooperlola]

The EU has apparently strict regulations on publicising new legislation (here's a quote from our paper on the legal issues)

"Directive 2004/38/EU was published in April 2004 and Member States were required to transpose the provisions of the Directive into national law by 30 April 2006.

Article 34 of the Directive requires Member States to :

disseminate information concerning the rights and obligations of Union citizens and their family members on the subjects covered by this Directive, particularly by means of awareness-raising campaigns conducted through national and local media and other means of communication."

We certainly contest that this ruling was broken - especially given that the rules were updated as recently as 14th December.  If you wanted to go down this road, then this would be your obvious defence, imo.

What is more, as you see, the changes should have been in place by April 2006 - the French were late!  So you could also argue that if the new regs weren't in place by then, then any provisions brought into play as late as December '07 can't be legal either.

For a full sumary of the legal arguments, as we see them, have a look at

http://www.frenchhealthissues.eu/E106/e106_6.htm

[londoneye]

I am still trying to follow up on a complaint I (and many others I am sure) made to the European Commission regarding the possible non-compliance as regards the dissemination of information.   

Although it is very easy to make a complaint it is seemingly not so easy to follow it up and see what, if anything is happening !!   

Holidays over, back on the case today, although I am sure others are doing the same thing.

[cooperlola]

[quote user="londoneye"]

I am still trying to follow up on a complaint I (and many others I am sure) made to the European Commission regarding the possible non-compliance as regards the dissemination of information.   

Although it is very easy to make a complaint it is seemingly not so easy to follow it up and see what, if anything is happening !!   

Holidays over, back on the case today, although I am sure others are doing the same thing.

[/quote]This is the rub.  There are many arguments against not only the legislation itself, but also the way in which it has been brought in.  But persuading anybody that that is the case is tough.  Everybody thinks it somebody else's job.  We certainly haven't given up and we don't think that anybody else should but the processes are so  lugubrious, and that does not help anybody who's staring the January 6th deadline in the face.