Anna Katerina Vintrová
Author’s affiliation: Faculty of Law, Masaryk University Brno

Definition of a „Family Member of an EU Citizen“ and Its Impact on the Right of Temporary Residence from the Perspective of the EU, Czech and German Law

Jurisprudence 1/2021 Section: Articles Page: 19-32

Keywords: Family Member, EU Citizenship, Freedom of Movement and Residence, Temporary Residence, Derivative Rights, Right to Family Reunification

Abstract: It is not always clear who can be considered a family member of an EU citizen and thus, shall have the derivative right of residence in the host Member State. Therefore, this article deals with the definition of a „family member” and its impact on the rights temporary of residence. Accordingly, emphasis is put on the EU law and the case-law of the CJEU, as well as on the Czech and German law. In this respect, the author assesses the question of whether it is easier to obtain a temporary residence permit in Czechia or Germany. Hence, the Czech and German national laws are compared and the differences between them are explored. The article also reflects on the recently proposed law amendments regarding the legal definition of a family member of an EU citizen in both Germany and Czechia. The author concludes that the Czech law currently offers more favourable conditions regarding the temporary residence for family members of EU citizens and its own static citizens than the German law.