1.

Should Union law, in particular Article 20 TFEU, Articles 5 and 11 of Directive 2008/115/EC (1) together with Articles 7 and 24 of the Charter, (2) be interpreted as precluding in certain circumstances a national practice whereby a residence application, lodged by a family member/third-country national in the context of family reunification with a Union citizen in the Member State where the Union citizen concerned lives and of which he is a national and who has not made use of his right of freedom of movement and establishment (‘static Union citizen’), is not considered — whether or not accompanied by a removal decision — for the sole reason that the family member concerned is a third-country national subject to a valid entry ban with a European dimension? (a) Is it important when assessing such circumstances that there is a relationship of dependence between the family member/third-country national and the static Union citizen which goes further than a mere family tie? If so, what factors play a role in determining the existence of a relationship of dependence? Would it be useful in that regard to refer to case-law relating to the existence of a family life under Article 8 ECHR and Article 7 of the Charter? (b) With reference to minor children in particular, does Article 20 TFEU require more than a biological tie between the parent/third-country national and the child/Union citizen? Is it important in that regard that cohabitation is demonstrated, or do emotional and financial ties suffice, like a residential or visiting arrangement and the payment of maintenance? Would it be useful in that regard to refer to what was stated in the Court of Justice judgments of 10 July 2014 in Case C-244/13 Ogieriakhi, paragraphs 38 and 39; 16 July 2015 in Case C-218/14 Singh and Others, paragraph 54; and 6 December 2012 in Joined Cases C-356/11 and C-357/11 O. and S., paragraph 56? See in that regard also the pending request for a preliminary ruling in Case C-133/15. (c) Is the fact that the family life was created at a moment that the third-country national was already subject to an entry ban and thus aware of the fact that his stay in the Member State was illegal, important for the assessment of such circumstances? Could that fact be of relevance to combat the possible abuse of residence procedures in the context of family reunification? (d) Is the fact that no legal remedy within the meaning of Article 13(1) of Directive 2008/115/EC was applied for against the decision to impose an entry ban or the fact that the appeal against the decision to impose an entry ban was rejected important for the assessment of such circumstances? (e) Is the fact that the entry ban was imposed on grounds of public policy or on grounds of irregular stay a relevant factor? If so, must an examination also be undertaken of whether the third-country national concerned also represents a genuine, real and sufficiently serious threat to one of the fundamental interests of society? In that regard, can Articles 27 and 28 of Directive 2004/38/EC, (3) which were transposed in Articles 43 and 45 of the Vreemdelingenwet, and the associated case-law of the Court of Justice on public policy, be applied by analogy to family members of static Union citizens? (cf. the pending requests for preliminary rulings in Cases C-165/14 and C-304/14)