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This chapter considers the enforcement of the rights of free movement and residence provided by the Citizens’ Rights Directive (Directive 2004/38) by members of the ‘family’ of the EU citizen – both ‘core’ members and ‘other’ family members according to the distinction created by the Directive under Articles 2(2) and 3(2), respectively – and, in particular, how the Court has extended the application of the principle of effective judicial protection to these situations. This principle has been present in EU law since the Court’s early case law and is now entrenched in Article 47 of the Charter. Yet, in most areas of EU law, it has been interpreted in relation to the enforcement of substantive EU rights by the primary right holders - EU citizens. Directive 2004/38 adds a different dimension by regulating the conditions that apply to the substantive rights that family members derive from EU citizens. In a collection that seeks to explore the role of the ‘family’ in EU Law, this chapter examines how the guarantee of effective legal protection has taken hold in the interpretation of the provisions of the Directive as applied to family members.
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