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European Union law
The EU Treaty
5
Article 4(2) TEU provides:
‘The Union shall respect the equality of Member States before the Treaties as well as their national
identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and
local self-government. It shall respect their essential State functions, including ensuring the territorial
integrity of the State, maintaining law and order and safeguarding national security. In particular,
national security remains the sole responsibility of each Member State.’
The FEU Treaty
6
Article 20 TFEU provides:
‘1.
Citizenship of the Union is hereby established. Every person holding the nationality of a Member
State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace
national citizenship.
2.
Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the
Treaties. They shall have, inter alia:
(a)
the right to move and reside freely within the territory of the Member States;
…
These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and
by the measures adopted thereunder.’
7
Article 21(1) TFEU states:
‘Every citizen of the Union shall have the right to move and reside freely within the territory of the
Member States, subject to the limitations and conditions laid down in the Treaties and by the measures
adopted to give them effect.’
The Charter
8
Article 7 of the Charter, entitled ‘Respect for private and family life’, provides:
‘Everyone has the right to respect for his or her private and family life, home and communications.’
9
Article 9 of the Charter, entitled ‘Right to marry and right to found a family’, provides:
‘The right to marry and the right to found a family shall be guaranteed in accordance with the national
laws governing the exercise of these rights.’
10
Article 24 of the Charter, entitled ‘The rights of the child’, is worded as follows:
‘1.
Children shall have the right to such protection and care as is necessary for their well-being.
They may express their views freely. Such views shall be taken into consideration on matters which
concern them in accordance with their age and maturity.
2.
In all actions relating to children, whether taken by public authorities or private institutions, the
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