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DE
A Right Not to Move
['Marlene Tiede', 'Jasper Siegert', 'Tiede', 'Siegert']
Verfassungsblog
A Right Not to Move Union Citizenship and Forced MovementWhat does Union citizenship, traditionally dependent on a cross-border element, offer to those who have never exercised their right to free movement and have always resided in their Member State of nationality?
A Right Not to Move: Opinion of Advocate General ĆapetaAG Ćapeta argued in favour of awarding the mother a derived right of residence based on the child’s right not to move under Art.
In her Opinion, she submitted that the substance of rights attached to Union citizenship encompassed not only a right to reside within the territory of the EU, but also a right not to move within the EU (para.
As in Ruiz Zambrano, this right not to move would be infringed where the TCN parent of a dependent minor Union citizen would be denied a derived right of residence (paras 87–113).
First, she advanced a textual argument, contending that a right to move freely necessarily presupposed a right to choose not to move (paras 57–59).