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Aufenthaltsrecht und verbundene Rechte von Familienangehörigen: Schlussanträge der Generalanwältin am Gerichtshof in der Rechtssache C-488/21 Chief Appeals Officer u.a.
16 February 2023
Donnerstag, 16. Februar 2023
Schlussanträge der Generalanwältin am Gerichtshof in der Rechtssache C-488/21 Chief Appeals Officer u.a.
Aufenthaltsrecht und daran anknüpfende Rechte von Familienangehörigen
Eine rumänische Staatsangehörige, die zu ihrer Tochter nach Irland gezogen ist, wo diese als Arbeitnehmerin tätig ist, hat in Irland eine Beihilfe für Personen mit Behinderung beantragt.
Ihr Antrag wurde von den irischen Behörden mit der Begründung abgelehnt, dass ihr Aufenthaltsrecht in Irland nicht bedingungsfrei sei. Zum einen stehe ihr das Aufenthaltsrecht nur deswegen zu, weil sie Verwandte in gerader aufsteigender Linie einer Unionsbürgerin sei, von der ihr (weiterhin) Unterhalt gewährt werde. Zum anderen stehe es ihr nur so lange zu, wie sie die staatlichen Sozialhilfeleistungen nicht unangemessen in Anspruch nehme.
Der irische Court of Appeal ersucht den Gerichtshof um Konkretisierung der Rechte von Arbeitnehmern und ihren Eltern aus anderen Mitgliedstaaten gemäß der Unionsbürgerrichtlinie 2004/38.
Generalanwältin Ćapeta legt heute ihre Schlussanträge vor.
Details
- Date:
- 16 February 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-488/21 Chief Appeals Officer
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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