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European Observer on fundamental right's respect

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Case Law C-89/17 (10/04/2018)

Type: Opinion of Advocat General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/10/2018

Subject: According to the Advocate General, where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the citizen’s non-EU partner with whom he has created or strengthened family ties in another Member State. The requirement to facilitate does not confer an automatic residence right but does require the Member State to undertake an extensive examination of the personal circumstances of the non-EU citizen and justify any refusal of entry or residence

Parties: Banger

Classification: Citizens’ rights - Art. 45 Freedom of movement - Freedom of residence

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