I diritti derivati degli immigrati stranieri appartenenti a nuclei familiari “ricostituiti” o “ricomposti”

The “reconstituted” or “blended” family is nowadays taken into consideration by EC and EU legislation on asylum, immigration and free movement of persons. It has been evaluated so far by the Court of Justice with the judgment O., S. and L. of 6 December 2012 only. This judgment examines whether the right of residence of Third-Countries nationals in the territory of a Member State may derive from the EU citizenship enjoyed by children of whom they are not biological parents. Taking into account its previous Ruiz Zambrano case, the Court analyses this situation in the light of Directive 2003/86/EC on the right of family reunification, being it an expression of the right to respect for private and family life and of the principle of the best interest of the child (Article 8, para. 1, ECHR; Articles 7 and 24, paras. 2 and 3, Charter of Nice). Consequently, the non-European family members of long-term resident Third-Countries nationals seem to be advantaged over the non-European family members of EU citizens.