ANNUAL POLICY REPORT 2012 on a decision expected by the Plenary of the Council of State,73 according to which the provisions of Articles 14 to 21 of law 3838/2010 on the right of participation of foreign nationals in the elections for bodies of First Tier Local Government are unconstitutional, on the grounds that they are contrary to articles 1, 5 and 102 of the Greek Constitution. Note, however, that the media focused mainly on the issue of unconstitutionality of the provisions relating to the acquisition of Greek citizenship by foreign children through birth or attending Greek school, while cancellation of the results of the municipal elections held in 2010 to those municipalities or regions where third countries nationals participated as voters or were elected as members of the city council, in accordance with the requirements of the law 3838/2010, has not been tabled. In order to fully comply with the provisions of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of Member States, Article 42 of Law 4071/201274 amended certain provisions of Presidential Decree 106/2007 by which the said Directive was incorporated into national law75. This amendment was deemed necessary after a meeting of representatives of the competent Ministry of Interior with representatives of the European Commission in the context of meetings with all Member States on the proper implementation of the Directive76. Moreover, the same law provides for the inclusion of a paragraph in Article 64 of Law 3386/2005 (which relates to general provisions on residence permits of third-country nationals who are members of the family of a Greek citizen or an EU Member State citizen) whereby the right to equal treatment as nationals is recognized to family members of Greek and EU citizens who are nationals of third countries, provided they have the right of residence or permanent residence in the country. Finally, by letter to the decentralised administrations in the country, the Ministry of Interior drew attention to the provisions of Article 42 of Law 4071/2012, under which the aforementioned family members have a right to apply for a residence card within one year of 73 On August 5, 2010 an individual application had been submitted for annulment of a) Decision 'F.130181/23198 / 30-4-2010 of the Minister of Interior, Decentralization and e-Government (Official Gazette V562) entitled "Determination of documents accompanying the declaration and the application for registration in the Municipal roll due to birth or attending school in Greece, according to the provisions of Article 1 A of the Code of Greek Citizenship "and b) the Circular Protocol number 24592/7-5-2010 6th of the same Minister entitled "Exercising the right to vote by expatriates and legally residing third-country nationals for the election of the elected bodies of first tier local government" as for the part referring to the granting of the rights to vote and be elected to third countries nationals. On 1 February 2011, the 4th Department of the State Council, by its Decision 350/2011, held that the exercise of the right to vote, and the exercise of the right to stand for the election of bodies of local government shall be restricted to Greek citizens and can not be extended to those not having this capacity, without revision of the relevant provision of the Constitution. Then the case of the 4th Division was forwarded to the plenary of the Council of the State. 74 Arrangements for local development, local government and decentralized administration Embed Directive 2009/50/EC, Official Journal 85 t.A/11.4.2012. 75 PD 106/2007 "Freedom of movement and residence within the Greek territory of European Union citizens and their family members" (GG 135 issue A '/ 21.6.2007). 76 eis.pdf http://www.hellenicparliament.gr/UserFiles/2f026f42-950c-4efc-b950-340c4fb76a24/r-topanad- 34