Report 2011 - EFTA Court

II LEGAL BACkGROUND
European law
3. Article 8 of the European Convention on Human Rights (“ECHR”)
– Right to respect for private and family life – reads as follows:
1. Everyone has the right to respect for his private and family life, his
home and his correspondence.
…
Directive 2004/38/EC of the European Parliament and of the Council
of 29 April 2004 on the right of citizens of the Union and their family
members to move and reside freely within the territory of the Member
States (“Directive 2004/38” or “the Directive”) was incorporated
into the EEA Agreement by EEA Joint Committee Decision No
158/2007 of 7 December 2007 (“EEA Joint Committee Decision No
158/2007”). 2
4. The Directive’s scope ratione personae is defined in Chapter i –
General provisions – in Article 3 under the heading “Beneficiaries”
as follows:
(1) This Directive shall apply to all Union citizens who move to or
reside in a Member State other than that of which they are a national,
and to their family members as defined in point 2 of Article 2 who
accompany or join them.
…
5. Article 2 of the Directive – Definitions – reads as follows:
For the purposes of this Directive:
...
2. “family member” means:
(a) the spouse;
...
2 OJ 2008 L 124, p. 20.
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