Darbuotojo šeimos nariai ir jų teisės, išplaukiančios iš laisvo asmenų judėjimo

Abstract

In order to implement properly the free movement of workers, EC law grants EC worker the right to be accompanied by his family members. Thus, rights granted to family members are subject to worker status. Secondary legislation provides rights of family members. The new measures are comprised in Directive 2004/38/EC which reflects practice of European Court of Justice. The conception of „family member” includes the spouse, the partner with whom the Union citizen has contracted a registered partnership, the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner. Also the dependent direct relatives in the ascending line and those of the spouse or partner are included. This work analyses approach of ECJ according particular categories of workers family members. Positions of other authors are also discussed. Members of Community worker’s family are granted rights of entry, residence and right of permanent residence in the host Member State. They are entitled to take up employment or self-employment there. Descendants are granted the right to equal conditions realizing their rights to education. Exercising these rights mention above family members shall enjoy equal treatment with the nationals of that Member State. The focal attention in this work is given to the practice of ECJ.