FULVIA RISTUCCIA, The applicability of the Ruiz Zambrano doctrine to the residence right of a non-EU family member of an EU citizen who has never lived within the Union.

ABSTRACT – The Ruiz Zambrano doctrine bestows a residence right in the Union citizen’s Member State of nationality to their non-EU family member, if the expulsion of the latter would force the EU citizen to leave the territory of the Union altogether. That doctrine has so far been applied to cases where the citizen would be compelled to leave the territory of the Union, by departing from their home State where they have been residing. The case that this blogpost comments upon, conversely, concerns the possibility that the Ruiz Zambrano residence is invoked to protect the rights of an EU citizen who was born and has always lived outside the EU. The present contribution will particularly focus on two matters: the role of the Ruiz Zambrano line of case law in strengthening or even building a relationship between EU citizenship and the territory of the Union; the relevant factors in assessing the relationship of dependency between the Union citizen and their family member.


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BLOGDUE | Il blog dell'AISDUE - Associazione Italiana Studiosi di Diritto dell'Unione Europea

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