The concept of habitual residence is an autonomous concept of European Law
This figure examines the concept of habitual residence which is an autonomous concept of European Law.
In the area of European Family Law, this concept is used in Articles 5 and 8 ROM III, Articles 3 and 8 Brussels II bis and the proposals COM(2011) 126 and COM(2011) 127.
Habitual residence has got an autonomous meaning.
The term was interpreted by the ECJ in case C-523/07 on parental responsibility as corresponding to a place which reflects some degree of integration in a social and family environment.
It is for the national court to establish the habitual residence, taking into account circumstances specific to each individual case.
The following circumstances may be taken into account:
- duration of the stay on the territory of one member state
- regularity of the stay on the territory of one member state
- conditions of the stay on the territory of one member state
- reasons for the stay on the territory of a member state
- nationality
- working place and conditions
- linguistic knowledge
- family and social relationships
- other related factors