The legal status and rights of the family members of EU mobile workers

Abstract

This report analyses the legal status and rights of the family members of EU mobile citizens in general and workers in particular. It describes the legal regime applicable to family members, whilst also highlighting some remaining issues. Since Directive 2004/38 has brought about a common regime for all EU mobile citizens, the authors refer generally to Union citizens unless they are examining regimes that are only applicable to workers (and self-employed persons). This approach also has the advantage of recognizing the economic reality of statuses that are no longer fixed as they were in the past. It should be noted that information and views set out in this report are those of the authors and do not necessarily reflect the official opinion of the European Commission. As announced in the 2020 Citizenship report, the Commission will issue in 2022 guidance on the right of free movement of EU citizens and their families. These guidelines should provide updated guidance for all interested parties, in particular EU citizens, and support the work of national authorities dealing with citizens’ rights, as well as courts and legal practitioners.