2004/38/EC Rights of Family Members
Posted: Mon Feb 13, 2012 6:33 pm
When we discuss 2004/38/EC on this forum we are usually only interested in its immigration aspects. But the Directive also bestows many other rights on Family Members, eg
My question is this:
Do -other family members- who are residing with the Union citizen thanks to Article 3.2 benefit from these additional rights?
For Article 3.2 other family members in the UK the answer will be yes, because as a more favourable national provision other family members will be treated as family members. But could an OFM use this to enforce Article 24 in, say, France?
Article 24
Equal treatment
1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary law, all Union citizens residing on the basis of this Directive in the territory of the host Member State shall enjoy equal treatment with the nationals of that Member State within the scope of the Treaty. The benefit of this right shall be extended to family members who are not nationals of a Member State and who have the right of residence or permanent residence.
My question is this:
Do -other family members- who are residing with the Union citizen thanks to Article 3.2 benefit from these additional rights?
For Article 3.2 other family members in the UK the answer will be yes, because as a more favourable national provision other family members will be treated as family members. But could an OFM use this to enforce Article 24 in, say, France?