The Right of Residence under Directive 2004/38 of the Spouse of a Union Citizen in the Absence of a Valid Passport

This expert opinion seeks to answer the question whether a valid passport can be made a precondition to the right of residence and the issuance of a residence card in the case of a Union citizen’s third country national spouse under Directive 2004/38. It starts by explaining the nature of the right of residence of…