European-Union
EU Citizens and Residence Law – EU Citizens and Youth Services
For citizens of Member States of the European Union, a special law was made in 2004 which regulates their entry and residence.
The “Act on the General Freedom of Movement for EU Citizens” (abbreviated: Freedom of Movement Act/EU) applies and has to be given priority when questions relating to residence law for EU citizens are concerned.
In specific cases, however, the “Residence Act” also applies to EU citizens (cf. Section 11 Freedom of Movement Act/EU), especially with regard to the legal capacity of minors who are 16 years of age or older, as well as departure and its enforcement and the prohibition to re-enter the country after deportation.
Moreover, the Residence Act always has to be applied when it gives a EU citizen a possibly better legal position than the Freedom of Movement Act/EU.
For example, the Residence Act provides for residence on humanitarian grounds, from which a better legal position can be derived in some individual cases.
EU citizens in Germany can also have a right to benefit from child and youth services. The precondition is that the EU citizen has permanent residence in Germany or has been granted a temporary suspension of deportation (“Duldung”) because he or she doesn’t have a right to freedom of movement. Here, too, “ordinary” residence law applies: The residence status of children under the age of 16 years depends on the residence status of their parents.
Staying in Germany as a tourist, however, usually is NOT sufficient for being entitled to child and youth services.
An exception to this rule is made for cases where there is an imminent danger to the well-being of a child which requires the child’s reception into care.