Abstract

MUNOZ AUNION, Antonio. The right to family life of European minors. The removal of non- community parent´s citizens. Rev. Int. Investig. Cienc. Soc. [online]. 2016, vol.12, n.1, pp.121-146. ISSN 2226-4000.  https://doi.org/10.18004/riics.2016.julio.121-146.

In the Ruiz Zambrano and Dereci judgments, the European Court of Justice found that the Treaty forbids the removal of family members of European Union citizens if that removal would force the exit of that given citizen from the European Union borders. This situation is of special significance when the citizen is a minor, due to the special care that they need being implausible that they remain with the parents away. These cases highlight a residence right - qualified & convoluted - for parents of minors’ nationals of the European Union. This parental ´right´ of residency faces migratory practices increasingly restrictive. Judicial activism is welcomed but it is require drawing the boundaries, namely, which is the relationship among parents and children in order to trigger the right; secondly, is this right limited to holders of a European passport or can be extended to those with a valid claim for nationality.

Keywords : Political rights; Citizenship; European Union; Family rights; Relationship parent-child.

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