Pregled bibliografske jedinice broj: 1007169
Recent issues of the right to family reunification within EU law - analysis of the case c-165/14 Alfredo Rendón Marín V. Administración del Estado
Recent issues of the right to family reunification within EU law - analysis of the case c-165/14 Alfredo Rendón Marín V. Administración del Estado // SEE Law Journal, 1 (2019), 5; 8-26 (međunarodna recenzija, članak, znanstveni)
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Naslov
Recent issues of the right to family reunification within EU law - analysis of the case c-165/14 Alfredo
Rendón Marín V. Administración del Estado
Autori
Duić, Dunja ; Petrašević, Tunjica ; Buljan, Ena
Izvornik
SEE Law Journal (2671-3128) 1
(2019), 5;
8-26
Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni
Ključne riječi
free movement of workers ; citizenship ; minor children ; right to family reunifcation ; Directive 2004/38/EC
Sažetak
This paper is concerned with the right to family reunifcation and its limitations. Freedom of movement of workers is one of the fundamental freedoms enjoyed by EU citizens. It encompasses the right of EU citizens’ family members to move and reside freely within the territory of the Member States regardless of their EU citizenship. The right to family reunifcation and family members (spouse, partner with whom the Union citizen has contracted a registered partnership which has been equalized with marriage, his/her and his/ her partner’s direct descendants who are under the age of 21 and their dependent direct relatives in the ascending line) are defned under Directive 2004/38/EC of the European Parliament and of the Council. This paper outlines the development of the right to family reunifcation and reviews CJEU jurisprudence regarding family reunifcation, especially landmark cases (C-109/01 Akrich, C-127/08 Metock and Others v Minister for Justice, and C-34/09 Ruiz Zambrano). It also offers an analysis of the most recent judgment of the CJEU in this regard: Case C-165/14 Alfredo Rendón Marín v. Administración del Estado. In its request for a preliminary ruling, the national court requested interpretation of Article 20 TFEU concerning the dispute between A. R. Marín – a third-country national and father having sole custody of two minor children who are EU citizens and who have resided in Spain since their birth – and the Director-General of Immigration in Spain who refused to grant the former a residence permit on grounds of Mr. Rendón Marín’s criminal record in Spain. The purpose of this paper is to analyse this recent CJEU judgment to determine the scope of the right to family reunifcation with regard to protection of minor children.
Izvorni jezik
Engleski
Znanstvena područja
Pravo
