Artikel over huiselijk geweld, het verblijfsrecht van derdelanders onder EU-regelgeving en NA-judgement door professor Steve Peers
Domestic violence and free movement of EU citizens: a shameful CJEU ruling Steve Peers EU laws on the free movement of EU citizens don’t give non -EU citizens rights in their own name. Rather, non-EU citizens can only gain rights under those laws if they have a family link with an EU citizen. This creates an obvious problem in cases of domestic violence committed by an EU citizen against a non-EU citizen family member. If the non-EU family member breaks the family link in order to flee the violence, there could be a risk of expulsion. So the victims might stay with their abusers due to a fear of removal from the country, which might include separation from their children. However, there are provisions of EU law that mitigate this risk. It has long been the position (since the CJEU judgment in Diatta ) that non-EU citizens can remain in the same country as their EU citizen spouse following a separation. Their position only changes after divorce. Upon divorce...