Ricongiungimento familiare e diritto di soggiorno dei familiari di cittadini dell’Unione alla luce del superiore interesse del minore

The right to family reunification has always been considered essential for an effective freedom of movement of citizens. Now this right is conferred to EU citizens by the Directive 2004/38, which states precise conditions. In some cases, the Court of justice has exceptionally recognized, exclusively on the base of Article 20 TFEU, the right to reside in a member State to relatives –especially parents– of EU citizens – especially children –. This article examines this right of residence guaranteed by the secondary law, taking into account case law interpreting the relevant provisions of the Treaties, of the Directive 2004/38 and of the Regulation 2011/492. We focus also on the specific additional protections afforded both by EU legislation and by the Court of Justice to family members – especially children — in to make their rights "autonomous" from those of the mobile EU citizen so they may continue to reside in the host State even if the EU citizen leaves that Member state.