Belgian State (Droit de sejour en cas de violence domestique) (Citizenship of the Union - Retention of the right of residence by a third-country national who is the victim of domestic violence - Opinion) [2021] EUECJ C-930/19_O (22 March 2021)

Belgian State (Droit de sejour en cas de violence domestique) (Citizenship of the Union - Retention of the right of residence by a third-country national who is the victim of domestic violence - Opinion) [2021] EUECJ C-930/19_O (22 March 2021)

The Advocate General concludes that Article 13(2) of Directive 2004/38/EC must be interpreted in light of its wording, context, purpose, and recent developments in EU law on the protection of victims of domestic violence. The provision should not be interpreted restrictively or in a manner that deprives it of effectiveness. The requirement for sufficient resources should not be applied in a way that undermines the protection intended for victims of domestic violence, and the difference in treatment between Directive 2004/38/EC and Directive 2003/86/EC must be justified by the distinct objectives and legal frameworks of the two directives. The Advocate General proposes updating the...

Citation
[2021] EUECJ C-930/19_O
Parties
Applicant: X; Respondent: Belgian State
Jurisdiction
European Union
Judgment Date
22 March 2021
Procedural Posture
Request for Preliminary Ruling (eu Law) / Opinion of Advocate General
Outcome
Opinion delivered; preliminary ruling admissible; Article 13(2) of Directive 2004/38/EC is valid but must be interpreted in conformity with the Charter to ensure effective protection for victims of domestic violence.
Legal Topics
Citizenship of the Union, Right of Residence, Domestic Violence, Non Discrimination, Equal Treatment
European Union Law Immigration Law Human Rights Law Citizenship of the Union Right of Residence Domestic Violence Non Discrimination Equal Treatment

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Parties

X

Applicant

Belgian State

Respondent

Procedural Posture

Request for Preliminary Ruling (eu Law) / Opinion of Advocate General

Legal Issues

  1. 1 Whether Article 13(2) of Directive 2004/38/EC is invalid in light of Articles 20 and 21 of the Charter of Fundamental Rights of the European Union because it requires third-country national victims of domestic violence, formerly married to Union citizens, to demonstrate sufficient resources to retain residence rights, whereas Article 15(3) of Directive 2003/86/EC does not impose such a requirement for family reunification with third-country nationals.

Ratio Decidendi

The Advocate General concludes that Article 13(2) of Directive 2004/38/EC must be interpreted in light of its wording, context, purpose, and recent developments in EU law on the protection of victims of domestic violence. The provision should not be interpreted restrictively or in a manner that deprives it of effectiveness. The requirement for sufficient resources should not be applied in a way that undermines the protection intended for victims of domestic violence, and the difference in treatment between Directive 2004/38/EC and Directive 2003/86/EC must be justified by the distinct objectives and legal frameworks of the two directives. The Advocate General proposes updating the...

Court Disposition

Opinion delivered; preliminary ruling admissible; Article 13(2) of Directive 2004/38/EC is valid but must be interpreted in conformity with the Charter to ensure effective protection for victims of domestic violence.