The Scope of Article 20 TFEU Clarified in Chavez-Vilchez: Are the Fundamental Rights of Minor EU Citizens Coming of Age?

Abstract

In Chavez-Vilchez the CJEU decided on the circumstances under which a minor, dependent EU citizen is forced to leave the territory of the European Union, if his/her third-country national parent is refused the right to reside in a Member State. Chavez-Vilchez continues where the case of Ruiz Zambrano left certain questions open. One of the questions was how to assess under what circumstances EU minor citizens are forced to leave the EU and what aspects need to be considered in that assessment. In this analysis of Chavez-Vilchez, the relationship with previous case law of the CJEU is examined and discussed. Specific attention will be paid to the relation of dependency between the EU citizen and the third-country national parent, the inclusion of family life and the rights of the child in the assessment, as well as the relationship between art.20 and art.21 TFEU.