Il riconoscimento nell’ordinamento di destinazione degli status familiari costituiti all’estero per motivi di ricongiungimento

Abstract

This Article considers the definitions of spouse, civil partner and partner in the Citizens’ Rights Directive, in the Family Reunification Directive and in the Italian Law in order to question the traditional approach to defining “family”. Through these Directives, the European Union exercises significant authority over family-based immigration, expressly providing immigration rights to the “spouses” of EU citizens and legal residents. It further highlights the problems created by basing free movement rights of civil partners on host state recognition of such partnerships. This paper provides a critical analysis of the SM Case, where the Court of Justice clarified the meaning of the term “direct descendant” in Directive 2004/38/EC as the starting point for a reflection on the evolving treatment of the family in EU law.