The right of residence of citizens’ parents, nationals from third-countries, and the highest interest of the EU child. Judgment of the Court of Justice (Grand Chamber) of 10 May 2017, case C-133/15, Chávez-Vílchez
DOI:
https://doi.org/10.18042/cepc/rdce.58.07Keywords:
EU Citizenship, derived right of residence to third-countries nationals, access to social assistance and child benefit, the highest interest of the child.Abstract
The derived right of residence of EU citizens’ relatives, nationals from third-countries, recognized by the case-law, has been widely discussed in recent years, above all after Ruiz Zambrano judgment. In Chávez-Vílchez judgment, analysed in this work, the Court of Justice focuses its attention not only on the interpretation of TFUE Article 20, but above all on the principle of the highest interest of the child. The work points out that EU younger citizens are better protected by a joint application of Article 20 TFEU and Article 7 of the Charter together with the principle recognised by Article 24 of the Charter. These young citizens strongly depend on their mothers, therefore if the right of residence is not given to their mothers, nationals from third-countries, their children will be obliged to leave EU, thus depriving them of «the genuine enjoyment of the substance of the rights conferred by the status» of EU citizenship.Downloads
Published
2017-12-14
Issue
Section
CASE LAW COURT OF JUSTICE OF THE EU
License
Copyright
Submission of a manuscript to the RDCE implies having read and accepted the journal's editorial guidelines and instructions for authors. When a work is accepted for publication, it is understood that the author grants the RDCE exclusive rights of reproduction, distribution and, where appropriate, sale of his manuscript for exploitation in all countries of the world in printed version, as well as any other magnetic, optical and digital media.
Authors shall transfer the publishing rights of their manuscript to RDCE so that it may be disseminated and capitalised on Intranets, the Internet and any web portals and wireless devices that the publisher may decide, by placing it at the disposal of users so that the latter may consult it online and extract content from it, print it and/or download and save it. These activities must comply with the terms and conditions outlined on the website hosting the work. However, the RDCE authorises authors of papers published in the journal to include a copy of these papers, once published, on their personal websites and/or other open access digital repositories. Copies must include a specific mention of RDCE, citing the year and issue of the journal in which the article was published, and adding a link to the RDCE website(s).
A year after its publication, the works of the RDCE will be under the Creative Commons Attribution-Noncommercial-NoDerivative 4.0 International license (CC BY-NC-ND 4.0), which allows third parties to share the work as long as its author and its first publication is indicated, without the right to commercial exploitation and the elaboration of derivative works.
Plagiarism and scientific fraud
The publication of work that infringes on intellectual property rights is the sole responsibility of the authors, including any conflicts that may occur regarding infringement of copyright. This includes, most importantly, conflicts related to the commission of plagiarism and/or scientific fraud.
Practices constituting scientific plagiarism are as follows:
1. Presenting the work of others as your own.
2. Adopting words or ideas from other authors without due recognition.
3. Not using quotation marks or another distinctive format to distinguish literal quotations.
4. Giving incorrect information about the true source of a citation.
5. The paraphrasing of a source without mentioning the source.
6. Excessive paraphrasing, even if the source is mentioned.
Practices constituting scientific fraud are as follows:
1. Fabrication, falsification or omission of data and plagiarism.
2. Duplicate publication.
3. Conflicts of authorship.
Warning
Any breach of these Rules shall constitute a ground for rejection of the manuscript submitted.
