Who cares? Caregivers’ derived residence rights from children in EU free movement law

TY - JOUR

T1 - Who cares? Caregivers’ derived residence rights from children in EU free movement law

AU - Hyltén-Cavallius, Katarina

PY - 2020/4

Y1 - 2020/4

N2 - Under EU free movement law, caregivers may derive a right to reside from a child who is enjoying rights granted under Union law. This article puts three different legal routes to such derived residence rights next to one another, as interpreted and applied in judgments from Baumbast and R. to K.A., to determine their commonalities, divergences, and potential conflicts. The article exposes how recent legal developments have put into question the relevance of the legal basis for derived residence rights of children and their primary caregivers in Article 10 of the Workers Regulation 492/2011, while expanding the scope of application of Article 20 TFEU; prompting a need for further clarification in this area of Union law.

AB - Under EU free movement law, caregivers may derive a right to reside from a child who is enjoying rights granted under Union law. This article puts three different legal routes to such derived residence rights next to one another, as interpreted and applied in judgments from Baumbast and R. to K.A., to determine their commonalities, divergences, and potential conflicts. The article exposes how recent legal developments have put into question the relevance of the legal basis for derived residence rights of children and their primary caregivers in Article 10 of the Workers Regulation 492/2011, while expanding the scope of application of Article 20 TFEU; prompting a need for further clarification in this area of Union law.

M3 - Journal article

SN - 0165-0750

VL - 57

SP - 399

EP - 432

JO - Common Market Law Review

JF - Common Market Law Review

IS - 2

ER -