Opinion of AG Sharpston (12 December 2013) and Grand Chamber Judgment (12 March 2014) in Cases C-456/12 O and B and C-457/12 S and G

Abstract

The relationship between third-country national family members of Union citizens, fundamental rights and Union citizenship rights has been unclear since the Zambrano ruling in 2011. Several years later, the Court of Justice of the EU as well as Advocates-General are still grappling with the question of their interaction. These issues form the subject of cases C-456/12 and 457/12 O and B; S and G. Though the specific issue here is the applicability of the Citizens Rights Directive 2004/38, AG Sharpston takes the opportunity to request clarification on other related questions, including whether fundamental rights are enough on their own to trigger rights for third-country national family members of Union citizens. The Court, however, occupies itself with other matters in the judgment, and it is the disparity between this and the Opinion that raises further questions about the aforementioned indeterminate relationship and when these questions will be resolved.

Keywords: EU law, EU citizenship, EU fundamental rights, EU human rights, Zambrano, Directive 2004/38, AG Sharpston, Opinion