FREE MOVEMENT : COURT SPELLS OUT RIGHT OF RESIDENCE REQUIREMENTS.

The immigrant parent of a child attending school in a host member state has a right of residence without having to prove that he/she has sufficient resources, ruled the EU Court of Justice, on 23 February. Its decision came in response to an application from the Court of Appeal of England and Wales concerning two cases(1) related to interpretation of the new directive on the right of free movement of EU citizens(2). The Court of Appeal asked whether the right of residence for a parent who is the primary caretaker of a child is subject to the requirements set by this directive, in particular the obligation to have sufficient resources so as not to become a burden on the social assistance system.

In the first case, Maria Teixeira, a Portuguese national who was not gainfully employed and not self-sufficient, relied on her capacity as the...