ro fr
universul juridic magazin
Revista Română de Drept Privat

Impact of free movement of persons on family

The free movement of persons constitutes one of the fundamental freedoms of the European Union according to which each EU citizen has the right to move and reside freely within the territory of the Member States. The unhindered exercise of all rights provided by the free movement of persons is conditional upon the establishment of objective standards and equal treatment in matters relating to the free movement of family members of EU citizens, the right to family reunion.

Therefore, the need to protect the family movement became important. I hereby present the main legal provisions regarding family members of EU citizens: Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and Directive 2003/86/EC on the right to family reunification and their implementation in the members states. The European Court of Justice clarified through its jurisprudence the main problems encountered in the implementation of these rules. However, the application of certain areas such as registered partnerships, homosexuality, etc. is still worrying. The aim of this paper is to give an overview of the theoretical and practical content of family treatment of European Union citizens in the
framework of the free movement of persons.