One big happy 'European family'? An external perspective

Close cooperation with third countries, especially in the EU’s neighbourhood, has erased a number of perceived boundaries between the EU and non-Member States. Whereas within the EU, family members are largely considered to be the natural beneficiaries of the free movement of persons with ensuing residence and social rights, it is less clear whether the same undisputed status of a family also applies beyond the EU’s borders. The EU has concluded a number of association agreements with countries in its neighbourhood which comprise, to varying degrees, access to the EU’s internal market including the free movement of workers. The Polydor-doctrine of the Court of Justice of the EU has, however, established that similarly worded provisions in the EU Treaties and cooperation agreements concluded with third countries do not guarantee identical interpretation. With a focus on Turkey, the European Economic Area and the United Kingdom, the chapter analyses the conception of family and related rights in the EU’s cooperation instruments, with an aim to establish to what extent can non-EU families be considered ‘EU families’.