NEW TRENDS CONCERNING THE RIGHT OF RESIDENCE OF FAMILIARS OF EU CITIZENS
NEW TRENDS CONCERNING THE RIGHT OF RESIDENCE OF FAMILIARS OF EU CITIZENS
Author(s): Valeria Di ComiteSubject(s): Civil Law, Family and social welfare, EU-Legislation, Sociology of Law
Published by: Editura Pro Universitaria
Keywords: EU Law; Article 21 TFUE; EU citizenship; Freedom of movement of EU citizens; Familiars of EU citizen; Family Unity; Right of residence in EU Member States;
Summary/Abstract: The right of family members of EU citizens to live with them in the host Member State has always been considered essential for an effective freedom of movement of citizens. This paper examines this right guaranteed by the secondary law, taking into account case law interpreting the relevant provisions of Directive 2004/38 and Regulation 2011/492. In this paper we focus on the specific additional protections afforded both by EU legislation and by the Court of Justice to family members—especially children—in order, in certain circumstances, to make their rights "autonomous" from those of the mobile EU citizen so they may continue to reside in the host Member State.
Journal: Cogito - Multidisciplinary research Journal
- Issue Year: 2016
- Issue No: 3
- Page Range: 21-36
- Page Count: 16
- Language: English