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19.06.2019 – Court of Justice - Opinion Advocate General - Citizenship of the Union - Bajratari - Aff. C-93/18

Ermira Bajratari v Secretary of State for the Home Department, intervener AIRE Centre, Case C-93/18

I. Introduction

1. By its request for a preliminary ruling, the Court of Appeal in Northern Ireland (United Kingdom) seeks from the Court an interpretation of Article 7(1)(b) of Directive 2004/38/EC. (2)

2. The questions raised by the referring court concern, in essence, the sufficiency of the resources which a Union citizen must have where those resources, made available to minor children who are citizens of the European Union, derive from income obtained from work carried out in a Member State by their father, a third-country national, who, having been granted residence and work permits in the past, no longer has those permits in that Member State because his residence card has expired.


V. Conclusion

90. In light of all the foregoing considerations, I propose that the Court answer the questions referred by the Court of Appeal in Northern Ireland (United Kingdom) for a preliminary ruling as follows:

Article 7(1)(b) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (...) must be interpreted as meaning that a young child who is a Union citizen has sufficient resources not to become a burden on the social assistance system of the host Member State during his period of residence where, in circumstances such as those of the case in the main proceedings, those resources are provided from income derived from the activity unlawfully carried on in that Member State, without a residence or work permit, by the child’s father, a national of a third country.

Opinion Advocate General Szpunar in case Bajratari C-93/18

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