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        Opinion of AG Sharpston (12 December 2013) and Grand Chamber Judgment (12 March 2014) in Cases C-456/12 O and B and C-457/12 S and G

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        Yong_note_SSRN_version.pdf (PDF, 227Kb)
        Author
        Yong, Adrienne
        Attention
        2299/16474
        Abstract
        The relationship between third-country national family members of Union citizens, fundamental rights and Union citizenship rights has been unclear since the Zambrano ruling in 2011. Several years later, the Court of Justice of the EU as well as Advocates-General are still grappling with the question of their interaction. These issues form the subject of cases C-456/12 and 457/12 O and B; S and G. Though the specific issue here is the applicability of the Citizens Rights Directive 2004/38, AG Sharpston takes the opportunity to request clarification on other related questions, including whether fundamental rights are enough on their own to trigger rights for third-country national family members of Union citizens. The Court, however, occupies itself with other matters in the judgment, and it is the disparity between this and the Opinion that raises further questions about the aforementioned indeterminate relationship and when these questions will be resolved.
        Publication date
        2014-10-01
        Published in
        King's Law Journal
        Published version
        https://doi.org/10.5235/09615768.25.2.155
        Other links
        http://hdl.handle.net/2299/16474
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