Abstract

The paper analyses those acts of the EU acquis and judgments of the ECJ/CJEU that determine the legal status of TCN’s family members of EU citizens, especially concerning their rights to enter, stay and move across the European Union. The entitlement of abode in the EU results directly from Article 21 of the Treaty on the Functioning of the EU and is detailed in the Directive 2004/38/EC on the right of citizens of the European Union and their family members to move and reside freely within the territory of the Member States, and, previously, by Article 10 of the Regulation 1612/68. For years the possibility to enjoy the right to enter and residence as a family member depends on the EU migrating citizen’s acquisition of the necessary status as an entitled subject. During the last 50 years since the afore mentioned Regulation was adopted EU acquis and numerous judicial decision of the ECJ/CJEU have significantly widen the scope of entitlements and guarantees provided for the TCN’s family members of EU citizens. In the light of the latest CJEU’s case law, the citizens of the EU and their TCN’s family members can benefit from a wide and liberal interpretation of the nature and essence of the rights of the citizens of the EU under Article 20 of the TFEU. Additionally, all regulations pertaining to the freedom of movement should be interpreted in the spirit of family reunification and principle of proportionality, which result in a ban on automatic expulsion if no formal conditions are met. The analyses of the judgments indicates that the persuasiveness of the Court of Justice’s argumentative discourse is built up progressively. And still, after 50 years since the first EU’s regulations concerning TCN’s family members right to move and stay on a territory of the Member States was adopted, it is an open question which line of interpretation of the relevant EU acquis the CJUE’s judges will follow in future.