ABSTRACT – Following the preliminary reference submitted by the rechtbank Den Haag in Case C-147/19, Safi, the Court of Justice was required to clarify certain aspects of the scope of application of the Zambrano doctrine on the exceptional recognition, on the basis of Article 20 TFEU, of a derived right of residence for third-country nationals who are family members of Union citizens. More specifically, the case required the Court to clarify the meaning of some concepts developed in its previous case law in the light of a novel factual scenario, in which the parent of the Union citizen may hold a residence permit in a Member State other than that of the child’s nationality and residence. The ruling endorses a broad interpretation of Article 20 TFEU by placing particular emphasis on the rights of the child protected under Article 24 of the Charter, including the child’s right to maintain on a regular basis a personal relationship and direct contact with both parents.
