Ciudadanía europea y protección de la vida familiar. Especial referencia a los nuevos modelos de familia

Abstract

The protection of a citizen’s right to family life within the framework of the European Union depends both on the recognition of the freedoms of movement and residence of the members of the family (children, spouse...), and on the legal ties formalised in their countries of origin. In past decades, both the Court of Justice of the European Union and the European Court of Human Rights have given an open and evolving interpretation of the concept of family in their caselaw. By doing so, they have contributed to overcome existing obstacles to the full protection of a new and pluralistic family order. Accordingly, European citizens can move within the European Union with their families, despite in the heterogeneity of family laws of the Member States. The present article reflects on the creation of a “common European standard” with regard to the protection of family life for Union citizens.