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NUEVOS Y HEREDADOS DESAFÍOS EN EL CONTEXTO DEL REGRESO AL PAÍS DE ORIGEN DEL CIUDADANO DE LA UNIÓN Y SU FAMILIA
In: Revista española de derecho internacional, Band 73, Heft 2, S. 131-146
ISSN: 2387-1253
The aim of this paper is to consider how emerging and legacy challenges contribute on the need to move towards an autonomous legal status for family reunion, at EU or internal level, especially by focusing on the Spanish case, when the sponsor is a EU citizen that returns to establish himself in his country of origin. In this context, the third-country national, as a family member, begins a migratory process. The construction of the derived rights of residence by the Court of Justice of the European Union (CJEU), together with the specific problems arising in a crisis scenario and the needs arising in the development and continuity of private international relationships, promotes an appropriate forum to consider a step forward. This should also be considered taking into account aspects of consistency in the scope of application between regulatory instruments.