Two Issues posed by the Spanish Transposition of the Directive 2004/38/EC by the Royal Decree 240/2007: The Law Applicable to the Ascendants of Spanish Nationals and the Extension of the Concept «Members of the Family of Union Citizens» to Registered Partnerships.
Keywords:
free movement - reverse discrimination - purely internal situations -? registered partnerships - ascendants of Union citizens.Abstract
The Spanish transposition of the Directive 2004/38/EC through the Royal Decree 240/2007 poses two specific questions related to its compatibility with European Community law and Spanish Constitutional law. Namely, it introduces certain problematic elements which mainly affect ascendants of Spanish nationals and partnerships registered in the municipal or regional registers existing in Spain. As regards family members who are ascendants of Spanish nationals, the Royal Decree deviates from the legal trend aiming at the conferral to family members of Spanish nationals equal rights as those granted to family members of EU citizens. This new approach can be deemed to be inconsistent to certain extent with Community law and moreover, with the principle of equality declared in the Spanish Constitution. On the other hand, the provisions on registered partnerships contained in the Royal Decree are somehow contradictory and undermine the coherence of the national norm inasmuch as they confer a favourable treatment to those partnerships but they do not recognise any legal effect to the partnerships registered in the Spanish territory.Downloads
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2008-05-09
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