NON-MARRIAGE UNIONS AND THE RIGHT TO FAMILY LIFE IN THE SCOPE OF THE EUROPEAN UNION

The objective of this paper is to analyze the scope of the right to family life of members of non-marital unions. In this context, both Directive 2004/38 and Directive 2003/86 contemplate, although with different scope, registered and even unregistered unions as family models that may result, under certain circumstances, beneficiaries of the right to free movement and residence, and family reunification. However, the virtuality of these rights in practice can sometimes be affected when their exercise is conditioned by the recognition of the union in the State in which they wish to exercise their freedom of movement or residence, or their right to regroup. For this reason, it is about delimiting the limitations and obstacles that can be found in practice in relation to the rights to free movement and residence, and to family reunification. In addition, the differences between registered and unregistered unions will be analyzed.