DIN JURISPRUDENȚA CURȚII DE JUSTIȚIE A UNIUNII EUROPENE REFERITOARE LA LIBERA CIRCULAȚIE A CETĂȚENILOR STATELOR TERȚE, MEMBRI DE FAMILIE AI CETĂȚENILOR UNIUNII (DREPTUL DE INTRARE ȘI ȘEDERE)

In this article we shall present the jurisprudence of the Court of Justice of the European Union concerning the right to entry and to stay of the third-countries nationals members of the
family of the Union citizens, as it evolved from the beginning to the present day, with its incoherences and inconsistencies, but also with its advances. The Court of Justice has
contributed to the European integration, through the freedom of movement, more than the political institutions of the Union (the Council, the Parliament and the Commission) , so that the new legislation adopted in this area has incorporated the jurisprudential acquis. The institution of the European citizenship, which transforms the Community and the Union into a more political organization, has also contributed to open the freedom of movement to the third-countries nationals in cases in which they couldn’t benefit of it and to transform the national legislation on immigration under the influence of the Union law as interpreted by the Court of Justice. Of course, the jurisprudence of the Court of Justice is often criticizable and, indeed, has encountered much criticism both from the part of the States and of the scholar literature for its openness to the third-countries nationals, which puts in danger the national legislations on immigration. We also gave our own opinion on the solutions of the Court, not only when we didn’t agree with them, but also when they has been criticised, in order to defend them because we considered that they are correct. As Romania is a member of the European Union, the implications of the jurisprudence in the area of the freedom of movement are of a great importance, so our study may contribute to inform the national jurisdictions in this respect.