COVID-19: some EU countries closed borders for foreigners – are EU citizens foreigners?

To answer another part of your question (and comments) that doesn’t seem to have been addressed directly: there is a clear difference between being an EU citizen and having residence. In fact, in normal times, your right to enter another EU country for a short-term visit is stronger than your right to take up residence in the same country. After some time, EU citizens even become “permanent residents”, being granted additional rights.

This is first and foremost a material fact, not necessarily tied to a specific document (even if it’s typically possible to request one). For example, if you have a job and a home in the country and spend most of your time there, you’re a resident. In practice, showing health insurance cards, bank cards, public transit passes, etc. all go towards establishing that even if you don’t have formal proof or a specific permit or registration.

Obviously, in the rush to fight the outbreak, I doubt all the restrictions have been carefully crafted to take such situations into account but some countries have indicated that residents are welcome to return to their homes. This should in principle cover third-country nationals who require a permit and EU citizens who do not. Incidentally, that’s not your situation but many countries also make an exception for cross-border workers.

I am not aware of any EU country that has put travel restrictions in place and makes no exception whatsoever for (some) EU citizens. Conversely, I don’t know any that would grant non-resident EU citizens the same rights as their own nationals.

Yes, EU citizens are foreigners. The Czech regulations now only allow Czech citizens, foreigners with temporary residence over 90 days and permanent residents to enter the country.

Graphics by the Ministry of the Interior of CR

Details can be found in this document.

From midnight from Sunday to Monday, the ban to entry is extended to
all foreigners, not only from high risk epidemic countries. Foreigners
residing in the Czech Republic with temporary residence over 90 days
or permanent residence are excluded from this measure.

1. The prohibition of entry, as referred in point I. of the Resolution, does not apply for:

Czech citizens or foreigners with temporary or permanent residence
permit in the Czech Republic, who are demonstrably regularly crossing
internal borders, i.e. cross-border workers working within 100 km from
the state border,

citizens of Germany, Austria, Poland and Slovakia who are demonstrably
regularly crossing internal borders, i.e. cross-border workers working
within 100 km from the state border,

EU citizen transiting through the Czech Republic territory to his/her
home country – this evidence of transit must be accompanied with
signed declaration of honour,

foreigner with residence permit in another EU Member State transiting
through the Czech Republic territory – this evidence of transit must
be accompanied with signed declaration of honour.

I think we have to expect more incomplete and poorly translated information bulletins during the next weeks.

If we look into the wording, as the regulation is currently published by the Polish Government, the exception applies to:

• persons who have the right of permanent or temporary residence in the Republic of Poland or a work permit

A ‘residence permit’ (as in a physical document) is not necessary. The ‘right of residence’, which EU/EEA citizens have, is adequate, as of now, to be allowed to enter Poland.

Yes, a German citizen is not a Polish citizen – but both are EU Citizens, because a citizen of each country, is through the membership of that country in the EU, automatically an EU Citizen.

United Kingdom citizens are no longer EU citizens, because the United Kingdom is no longer a member of the EU.

EU Citizens do not require, therefore cannot receive, a residence permit.

The DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL distinguishes between 2 types of ‘residence’

• less than 3 months (section 9)
• greater than 3 months (section 10)
  • may be required to register as resident (section 12)

This ‘residence’ may be restricted for reasons of public health

(12) For periods of residence of longer than three months, Member States should have the possibility to require Union citizens to register with the competent authorities in the place of residence, attested by a registration certificate issued to that effect.
…
(22) The Treaty allows restrictions to be placed on the right of free movement and residence on grounds of public policy, public security or public health. In order to ensure a tighter definition of the circumstances and procedural safeguards subject to which Union citizens and their family members may be denied leave to enter or may be expelled, this Directive should replace Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals, which are justified on grounds of public policy, public security or public health

Implementation in Polish law:
Citizens of the EU with families | Urząd do Spraw Cudzoziemców

Rules for entry and residence

Legal basis
The Act of July 14, 2006 on entering the territory of the Republic of Poland, residence and departure from this territory of nationals of Member States of the European Union and their family members (Journal of Laws No. 144, item. 1043, as amended) and its implementing legislation.

Definitions
An EU citizen should be understood as an alien who is a national of another Member State of the EU / EEA or Switzerland.
Under Polish law, an alien is anyone who does not have Polish citizenship.
…
Right of residence for up to 3 months
EU citizens and their family members, who are not EU citizens, can stay in Poland for up to three months without having to meet any of the conditions of residence, other than possessing valid travel document. An EU citizen may possess other valid document confirming his/her identity and citizenship.
…
Residence for over 3 months
If the residence in the territory of the Republic of Poland lasts longer than three months, an EU citizen and a member of his family who are nationals of the EU are required to register their stay, and a family member who is not an EU citizen is required to obtain a residence card of a family member of an EU citizen.
…
In order to register the an EU citizen’s residence (including members of his family who are also citizens of the EU), and to obtain a residence card of a family member of an EU citizen, it is required for an EU citizen to meet the conditions of the right of residence exceeding 3 months.

Registration of residence of a European Union citizen

The application for the registration of residence of a UE citizen should be submitted in person to the voivode competent for the EU citizen’s place of residence, not later than the next business day after the expiration of 3 months period from the date of entry into the territory of the Republic of Poland.
…
Processing time
The case is handled immediately.
…
EU citizen, whose residence was registered, is issued with certificate of registration of residence of an EU citizen.

Foreigners from outside the EU | Urząd do Spraw Cudzoziemców

Polish law implementation Temporary residence permit

• Act of 12 December 2013, on Foreigners – division V of the Act along with implementing acts

Granting temporary residence permit may be applied for if there are circumstances justifying residence within the territory of the Republic of Poland for a period longer than 3 months, excluding temporary residence permit granted due to the circumstances requiring short-term stay or due to a seasonal work.

Polish law implementation Permanent residence permit

• Act of December 12, 2013 on foreigners – Art. 195, Art. 210 of the Act – together with implementing acts.

Permanent residence permit is granted in cases specified in Art. 195 of the Act on foreigners discussed in detail in individual tabs on this website.
Permanent residence permit is granted for an indefinite period.

Travel – Coronavirus: information and recommendations – Gov.pl website

What is the basis for closing the borders to foreign citizens?
The borders are closed pursuant to Article 46(4)(1) of the Polish act on preventing and combating infections and infectious diseases among people, which allows for temporary restrictions on a specific mode of travel when the state of epidemic threat is announced.
…
Not all foreign residents are banned from entering Poland
…
– persons who have the right of permanent or temporary residence in the Republic of Poland or a work permit

…

EU Citizens entering Poland for a period of less than 3 months is neither eligible for a

• permanent or temporary residence in the Republic of Poland
• residence card

therefore do not fullfill this condition.

The present restrictions are based on public health grounds.

These restrictions also effect their own citizens.

A Polish citizen must go into quarantine when returning to Poland.

In Italy a good, acceptable reason must be given to travel withing Italy.

The Right to health takes priority over the right to visit another country.

Hysterical statements such as:

The union is crumbling as the metal meets the fire. Expect more BREXITs in the next few years.

are unfounded.

Polen schließt seine Grenzen wegen des Coronavirus

People who work abroad and commute to work every day are excluded from the border closure.
This applies both to Poles who work abroad and foreigners who work in Poland and commute every day. Foreigners can come to work upon presentation of a corresponding document confirming their employment and are not subject to quarantine in this situation.

Sources:

• DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
  • Citizens of the EU with families | Urząd do Spraw Cudzoziemców
    • Rules for entry and residence
    • Registration of residence of a European Union citizen
• Foreigners from outside the EU | Urząd do Spraw Cudzoziemców
  • Temporary residence permit
  • Permanent residence permit
• Travel – Coronavirus: information and recommendations – Gov.pl website
  • Polen schließt seine Grenzen wegen des Coronavirus
• Right to health