Proceedings of the 16th International Academic Conference, Amsterdam

THE STATUS OF THE EU RELATIV IN THE FREE MOVEMENT IN EU

IRIS DHAMO, ANA DHAMO

Abstract:

In the present conference I want to treat the theme related to the Status of the EU relatives in the free movement in EU. As regards to the right of Community nationals and their family members to move and reside freely in the territory of a Member State acquires importance the directive 38/2004. The notion of family varies from one state to another and takes different connotations. When we talk about the right to family reunification, the thought goes immediately to the affirmation and to the international guarantees that protect this fundamental right, specifically to the European Convention of Human Rights of 1950, and respectively in the Article 8 of her. To realize the right to family reunification is not necessary to fulfill specific criteria, located at the opposite for non-EU family member, as in this case not only active holder is a national community, but also the relative of the latter. In this prospective, it turns out that the family composed by european citizens, is presented more complete and protected, precisely because the right to family reunification is exercised in the completion of another fundamental right, that of the free movement, a fundamental right guaranteed and highly respected in the EU.

Keywords: the status of the relative, the concept of free movement, the eu citizen , international law, family reunification, European Convention of Human Right.

DOI: 10.20472/IAC.2015.016.029

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