Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/06/2012

Subject: The Court affirmed that a Member State can refuse to grant a third country national a residence permit on the basis of family reunification where that national seeks to reside with his spouse, who is also a third country national and resides lawfully in that Member State and is the mother of a child from a previous marriage who is a Union citizen, and with the child of their own marriage, who is also a third country national, provided that such a refusal does not entail, for the Union citizen concerned, the denial of the genuine enjoyment of the substance of the rights conferred by the status of citizen of the Union, that being for the referring court to ascertain. According to the Court, while Member States have the faculty of requiring proof that the sponsor has stable and regular resources which are sufficient to maintain himself and the members of his family, but that faculty must be exercised in the light of Articles 7 and 24(2) and (3) of the Charter of Fundamental Rights of the European Union, which require the Member States to examine applications for family reunification in the interests of the children concerned and also with a view to promoting family life.

Parties: O. e S.

Classification: Freedoms - Art. 7 Privacy - Equality - Art. 24 Children’s rights - Citizens’ rights - Art. 45 Freedom of residence

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