THE MARGIN OF APPRECIATION OF THE MEMBER STATES IN MATTERS OF FREE MOVEMENT-LIMITED BY THE SYSTEM OF PROTECTION OF FUNDAMENTAL RIGHTS?
THE MARGIN OF APPRECIATION OF THE MEMBER STATES IN MATTERS OF FREE MOVEMENT-LIMITED BY THE SYSTEM OF PROTECTION OF FUNDAMENTAL RIGHTS?

Summary/Abstract: One of the aims of the European legislator regarding Directive 2004/38 concerning the right to free movement and residence on the territory of the member states for citizens of the Union and their family members was, in essence, to correct the fragmented approach to the aforementioned right, starting from the normative diversity specific to the 27 member states.It cannot go unnoticed that the directive contains provisions that grant a certain margin for appreciation for the member states, which, through the interpretation of the Luxembourg court, can in specific situations be confined within the boundaries of the European system for the protection of fundamental rights. Equally, the evolution of the CJEU jurisprudence illustrates that EU law operates, in terms of free movement, with two types of family circles: an extremely narrow one (composed of spouse, partner, descendants, ascendants) who automatically enjoys the right to free movement and another extended one, built around relationships of economic, emotional or physical dependence between members, and which do not enjoy such a right.

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