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Opinion of Advocate General Ćapeta, Safi, Case C-147/24, CJEU, 4 September 2025

Date
04/09/2025
Type Conclusions
Case number C-147/24
Link

Thematic areas

Advocate General

Abstract

Conditions for granting a right of residence in a Member State for the parent of a minor child who is an EU citizen.

Normative references

Art. 20 TFEU
Art. 24 Charter

Ruling

1. Article 20 TFEU must be interpreted as meaning that it does not exclude that a third-country national parent must be granted a right of residence in the Member State of which his/her minor child is a national, even if that parent holds a right of residence in another Member State of the Union.

2. The right to move and reside freely within the territory of the Member States, deriving from EU citizenship, must be interpreted as including the right not to move.

3. When assessing whether to grant a derived right of residence to a third-country national who is the parent of a dependent minor, citizen of the Union, the competent authorities must take into account the best interests of the child as guaranteed by Article 24(2) of the Charter and the right to family life protected by Article 7.