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European Observer on fundamental right's respect

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Case Law C-40/11 (15/05/2012)

Type: Opinions of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/15/2012

Subject: The Advocate General concluded that, under EU law, a parent who has custody rights and is a third-country national may, in order to maintain a personal relationship and direct parental contact on a regular basis, have a right of residence in the Member State of origin if his child who is an EU citizen, if the child, in exercise of his or her right of free movement, has moved from there to another Member State. In order for such a right of residence to exist, the denial thereof must have a restrictive effect on the child’s right to freedom of movement and be regarded as a disproportionate interference with fundamental rights in the light of the fundamental rights of the child, enshrined in the Charter, to maintain on a regular basis a personal relationship and direct contact with both parents and to respect for family life.

Parties: Yoshikazu Iida c. Stadt Ulm

Classification: Freedoms - Art. 7 Privacy - Equality - Art. 24 Children’s rights - Citizens’ rights - Art. 45 Freedom of residence

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