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European Observer on fundamental right's respect

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Case Law C-578/08 (04/03/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/04/2010

Subject: The Court, interpreting Directive 2003/86/EC on the right to family reunification affirmed that this act precludes a Member State from adopting rules in respect of family reunification which result in such reunification being refused to a sponsor who has proved that he has stable and regular resources which are sufficient to maintain himself and the members of his family, but who, given the level of his resources, will nevertheless be entitled to claim special assistance in order to meet exceptional, individually determined, essential living costs, tax refunds granted by local authorities on the basis of his income, or income-support measures in the context of local-authority minimum-income policies. Directive 2003/86 must be interpreted as precluding national legislation which draws a distinction according to whether the family relationship arose before or after the sponsor entered the territory of the host Member State.

Parties: Rhimou Chakroun

Classification: Solidarity - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of residence

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Notices: Effectiveness of the Charter
The Court, making reference to the Charter, and in particular its article 7, underlined that it has the same legal value as the Treaties.