CJEU - C 540/03 / Judgment

Key facts of the case:

The European Parliament sought the annulment of various parts of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunion on the basis that they did not respect fundamental rights – in particular the right to family life and the right to non-discrimination.

Results (sanctions) and key consequences of the case:

None of the provisions of the Directive were found to have contravened fundamental rights. However the Court confirmed key principles relating to the right to family life and associated child rights.

Interpretation of article(s) and implications for the resolution of the case:

FRC - Articles 7 and 24: The Court confirmed that the right to family life includes the right to family reunification. It also confirmed that the provision must be read in conjunction with the obligation to have regard to the child’s best interests, which are recognised in Article 24(2) of the Charter, and taking account of the need, expressed in Article 24(3), for a child to maintain on a regular basis a personal relationship with both his or her parents. These provisions stress the importance to a child of family life and recommend that States have regard to the child’s interests but they do not create for the members of a family an individual right to be allowed to enter the territory of a State and cannot be interpreted as denying Member States a certain margin of appreciation when they examine applications for family reunification.