Rights of residence of TCN family members within a Union citizen’s home state: Comment on Cases C-456/12 O and B and C-457/12 S and G, Judgment of the Court (Grand Chamber) 12 March 2014

eutopialaw

photoCatherine Taroni

Context

Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely grants qualifying Union citizens rights of residence in Member States other than their own, and allows family members to derive rights of residence from the Union citizen.  As McCarthyshowed, this does not apply within a Union citizen’s home state.  It is possible for family members to derive rights of residence from the Treaty within a Union citizen’s home state, and this is what the Court considered in C-456/12 O and Band C-457/12 S and G.

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