Request for a preliminary ruling from the Rechtbank Den Haag (Netherlands) lodged on 26 February 2024 – V v Staatssecretaris van Justitie en Veiligheid

(Case C-147/24, Safi) ¹

Language of the case: Netherlands

Referring court

Rechtbank Den Haag

Parties to the main proceedings

Applicant: V

Defendant: Staatssecretaris van Justitie en Veiligheid

Questions referred

Is Article 20 TFEU to be interpreted as meaning that it is not excluded that a third-country parent must be granted a derived right of residence in the Member State of which his or her minor child is a national and where his or her child resides without having made use of his or her citizenship rights, while that third-country parent has a right of residence in another Member State?

If it is not excluded that a third-country parent must be granted a derived right of residence in the Member State of which his or her minor child is a national and where his or her child resides without having made use of his or her citizenship rights, while that third-country parent has a right of residence in another Member State:

Having regard to Article 5(a) and (b) of Directive 2008/115 and Article 6(2) of Directive 2008/115, ¹ does it follow from Article 20 TFEU, where a relationship of dependency exists, such as that which provides grounds for the grant of a derived right of residence under Article 20 TFEU, that there is an obligation on the decision-making authority to ascertain whether the exercise of the right of free movement and residence is in the best interests of the child, and whether the exercise of family life can continue, before instructing the third-country parent to move immediately to the Member State where he or she holds a residence permit or other authorisation offering a right to stay, and should these factors be taken into account when assessing the application for a derived right of residence?

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¹ The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

¹ Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98).