The Rights of Children as Family Members within the Free Movement of Persons in EU Law

Abstract

The article deals with the legal status of children as the family members of EU nationals and their rights they deprive from EU nationals in the area of free movement of persons. The article points out to the existing EU legislation that guarantees the EU nationals the right to move freely and to reside on the territory of another EU member states. The article explains who are considered to be family members, the position of children as family member, and also explains the relevant case law that explains the opinions of the Court of Justice of the EU relating to the right of family members to move and to reside on the territory of the host member states. The article presents a recent case in which the Court of Justice had to deal with a reverse situation, i.e. where the dependent child is EU national and the parent derives the right to residence from his/her child.