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1/ CJEU due to rule this Thursday on the latest case of a non-EU family member who seeks to join an EU citizen. The AG's opinion is now available in English: curia.europa.eu/juris/document…

Some comments on the legal issues in this case (thread).
2/ The case concerns a Moroccan man seeking to join his spouse, a Spanish woman who has not left Spain. In principle EU free movement law (which includes fairly liberal rules on family reunion) does not apply, as she has not moved to another EU Member State.
3/ CJEU will still rule in such cases if national law applies EU law by analogy, but the AG says that the analogy made by national law is not strong enough in Spain.

In the alternative, if EU free movement law *does* apply, the AG says that national law is too restrictive ->
4/ ...because Spanish law says the 'sufficient resources' have to be those of the Spanish woman herself, whereas free movement case law says the source of the resources is irrelevant. (In this case her father is supporting her).
5/ But the main questions from the Spanish court concern another line of case law based on EU citizenship - where a limit on family reunion can force an EU citizen living in her own Member State to leave the EU completely to be with a non-EU family member.
6/ AG follows that case law, which distinguishes between EU citizen children with non-EU parents (quite liberal), and EU citizen adults with non-EU spouses or other family (quite restrictive).

Since this case is about a spouse, AG says the latter applies. CJEU rules on Thursday.
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