THE RIGHT OF RESIDENCE OF EU CITIZENS’ PARENTS, NATIONALS FROM THIRD-COUNTRIES, AND THE HIGHEST INTEREST OF THE EU CHILD. JUDGMENT OF THE COURT (GRAND CHAMBER) OF 10 MAY 2017, CASE C-133/15, CHÁVEZ-VÍLCHEZ The derived right of residence of EU citizens’ relatives, nationals from third-countries, recognized by the case-law, has been widely discussed in recent years, above all after Ruiz Zambrano judgment. In Chávez-Vílchez judgment, analysed in this work, the Court of Justice focuses its attention not only on the interpretation of TFUE Article 20, but above all on the principle of the highest interest of the child. The work points out that EU younger citizens are better protected by a joint application of Article 20 TFEU and Article 7 of the Charter together with the principle recognised by Article 24 of the Charter. These young citizens strongly depend on their mothers, therefore if the right of residence is not given to their mothers, nationals from third-countries, their children will be obliged to leave EU, thus depriving them of “the genuine enjoyment of the substance of the rights conferred by the status” of EU citizenship
Derecho de residencia de los progenitores nacionales de terceros Estados e interés superior del niño “europeo”. Comentario a la sentencia del Tribunal de Justicia (Gran Sala) de 10 de mayo de 2017 en el asunto Chávez-Vílchez
Di Comite Valeria
Membro del Collaboration Group
2017-01-01
Abstract
THE RIGHT OF RESIDENCE OF EU CITIZENS’ PARENTS, NATIONALS FROM THIRD-COUNTRIES, AND THE HIGHEST INTEREST OF THE EU CHILD. JUDGMENT OF THE COURT (GRAND CHAMBER) OF 10 MAY 2017, CASE C-133/15, CHÁVEZ-VÍLCHEZ The derived right of residence of EU citizens’ relatives, nationals from third-countries, recognized by the case-law, has been widely discussed in recent years, above all after Ruiz Zambrano judgment. In Chávez-Vílchez judgment, analysed in this work, the Court of Justice focuses its attention not only on the interpretation of TFUE Article 20, but above all on the principle of the highest interest of the child. The work points out that EU younger citizens are better protected by a joint application of Article 20 TFEU and Article 7 of the Charter together with the principle recognised by Article 24 of the Charter. These young citizens strongly depend on their mothers, therefore if the right of residence is not given to their mothers, nationals from third-countries, their children will be obliged to leave EU, thus depriving them of “the genuine enjoyment of the substance of the rights conferred by the status” of EU citizenshipFile | Dimensione | Formato | |
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