[b] Directive 2004/38EC Article 3(2)[/b] wrote:
2. Without prejudice to any right to free movement and
residence the persons concerned may have in their own right,
the host Member State shall, in accordance with its national
legislation, facilitate entry and residence for the following
persons:
(a) any other family members, irrespective of their nationality,
not falling under the definition in point 2 of Article 2 who,
in the country from which they have come, are dependants
or members of the household of the Union citizen having
the primary right of residence, or where serious health
grounds strictly require the personal care of the family
member by the Union citizen;
(b)
the partner with whom the Union citizen has a durable
relationship, duly attested.
The host Member State shall undertake an extensive examination
of the personal circumstances and shall justify any denial
of entry or residence to these people.