MOBILE - Mobility Law Open Lab with Chiara Raucea

What if … they did not live happily ever after?

Presenter: Dr. Chiara Raucea is an Assistant Professor of European Union Law at the Department of Public Law and Governance, Tilburg Law School, Tilburg University (NL). 

Presentation: Under certain conditions, EU law grants family members of individuals with residence rights in a host EU country the possibility to claim derived residence rights. In specific circumstances, EU law also sets out the conditions under which these derived rights may be converted into autonomous residence rights. But do these EU rules on derived rights for family members adequately protect the autonomy of those who migrate for family reasons?

To answer this question, Chiara analysed judgments of the Court of Justice of the European Union (CJEU) interpreting EU provisions on derived residence rights for family members, both of Union citizens (based on the Citizenship Directive) and of third-country nationals (based on the Family Reunification Directive and the Long-Term Residence Directive). The focus of my analysis lies on cases where family members seek to convert their derived rights into autonomous residence rights due to particularly challenging personal circumstances.

The case law analysis reveals that the CJEU interprets EU secondary legislation as a rigid framework, largely impermeable to human rights considerations. The Court tends to rely on a literal interpretation of the Directives, emphasizing the dependence of the family member’s regular migration status on the regular status of the main sponsor, and strictly applying the conditions for converting derived rights into autonomous ones. In doing so, the CJEU often sidelines the autonomy and personal interests of family members, particularly their right not to have their private life disrupted due to circumstances beyond their control. This narrow interpretative approach risks leaving vulnerable individuals who migrate for family reasons exposed to serious consequences, such as being trapped in abusive relationships or facing irregular migration status when family life breaks down or the main sponsor commits fraud.

To mitigate these risks, she argues that the CJEU should adopt a more human rights-sensitive approach. Specifically, it should remain receptive to the jurisprudence of the European Court of Human Rights (ECtHR) on Article 8 ECHR (private life) and require national authorities to provide effective remedies and conduct individual assessments when deciding on residence rights for family members.

Time: 18September 2025 14:00-15:15

Place: MOBILE – 6B-2-22 Southern Campus + ONLINE

Online participation

For online participation, please contact Lin Solvang at liso@jur.ku.dk to receive a Zoom link.