'Lawful Employment' as a Precondition for the Recognition of Residence Rights: Bajratari

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(3), 853-859 | European Forum Insight of 13 December 2019 | (Table of Contents) I. Introduction. - II. Background. - III. The Opinion of the AG. - IV. The judgment of the Court of Justice. - V. Comment. | (Abstract) In the judgment of Bajratari, the Court of Justice was asked to determine whether the availability of sufficient resources established by Art. 7, para. 1, let. b), of Directive 2004/38/EU as a precondition for the recognition of Union citizens' right of residence in another Member State for more than three months should be understood as including income earned by a third-country national parent of a Union citizen child when said parent does not hold a residence card and a work permit. In answering this question, the Court has provided much needed clarifications on the proportionality of restrictive measures adopted by Member States in relation to residence rights of Union citizen children and of their third-country national parents.

Keywords

• union citizenship
• derived residence rights
• art 21 tfeu
• directive 2004/38/eu
• social assistance
• third-country national workers