EU Trattato Istruttivo (Instructive treaty) art. 18 states EU citizens free movement right.
Some limits are provided for by the treaty in cases of national security and public order, therefore any EU citizen can move freely from one state to another and can only be excluded in the above said cases. EU citizens hold the right to residence permit and even if they do not immediately go to police headquarters no denial of the permit can be accepted, becuase this is an individual right each EU citizen holds.
Anyway there’s an often occurring problem: EU underage children travelling together with a non EU citizen parent.
An example: couples in which one of the two is a non Eu citizen but the other is. EU laws usually state that one of the parents must be EU citizen to become EU citizens. Italian law clearly says that one person is Italian if either the mother or the father is Italian. Other countries lwas are similar.
Most frequently occuring cases refer to children whom parents are one EU citizen and the other non EU, and this person doesn’t live with them. The problem is: can a non EU citizen whose children are EU citizens apply for residence permit? Remember that on basis of the EEC treaty EU citizens freedom of movement and stay is EXTENDED to close relatives not holding EU citizenship.
Set of rules n. 1612/1968 art. 10 to 12 state that: “…migrant workers uderage children (younger than 21), husband or wife and their own parents have the right to live in the same place of worker who pays for their living”.
This free movement principle is connected to EU territory and EU citizens who are moving to another EU country to WORK or STUDY.
The case Court of Justice hasn’t so far studied is the ne cornrning EU childrend coming to Europe together with a non EU parent.
An example: a French child (whose father is French) comes to Italy together with his/her Ecuadorian mother. The child cannot work or pay for his/her mother expenses, this situation was studied and solved by Court of Justice sentence on Sept. 17. EU Trattato Istitutivo Art. 18 can be appealed to by those citizens.(sentence)
A recent Veneto TAR sentence occurred Janury 17 2002 recognized that an underage EU citizen could live in Italy together with his/her non Eu citizen mother, even if he/she cannot gutee an incombe. This EXTENSION of right is recognized both by EU Court of Justice and national courts.