Juridisk Institut

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

Publikation: Bidrag til tidsskrift/Konferencebidrag i tidsskrift /Bidrag til avisTidsskriftartikelForskningpeer review

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.
TidsskriftCommon Market Law Review
Sider (fra-til)399-432
StatusUdgivet - apr. 2020

Se relationer på Aarhus Universitet Citationsformater

ID: 172787898