EU citizenship and family reunification: the evolving concept of a European Union territory

Abstract

EU citizens' family reunification rights in the European Union are ever evolving and ever so complex. Directive 2004/38 on the right to free movement of EU citizens and their family mem-bers regulates the right to family reunification for EU citizens who "move to or reside in' a Member State of which they are not a national (cross-border situations). The European Court of Justice also acknowledges a right to family reunification to EU citizens who reside in the Mem-ber State of which they are a national, but who nevertheless fall within the scope of art. 21 TFEU because they previously exercised free movement rights (post cross-border situations). The family members of EU citizens in cross-border and post cross-border situations who are eligible for family reunification are defined in arts 2 and 3 of Directive 2004/38 and subject to interpretation by the Court of Justice. In addition to cross-border and post cross-border situa-tions, the Court of Justice has found an additional ground for family reunification in art. 20 TFEU, which confers EU citizenship on the nationals of the Member States (non-cross-border situations). In that situation, family members on whom the EU citizen is dependent are eligible for family reunification. The Court's interpretations of EU law and family reunification rights that can be derived from exercising EU rights redefines the distinction between the scope of EU law and the purely internal situation in which national law applies. This chapter offers an ex-planatory perspective by reviewing the Court's case-law in the light of the evolving concept of a "European Union territory' which alters the criteria to fall within the scope of EU law. If an EU citizen's right to reside in the European Union is compromised, the Court of Justice intervenes, but the growing significance of a European territory also deteriorates the importance of Member State territory and alters the relationship between the European Union and its citizens.