68However, as the Advocate General observed in point 103 of his Opinion, the application of that derogation cannot be based solely on the criminal record of the third-country national concerned. It can result, where appropriate, only from a specific assessment of all the relevant circumstances of the case, in the light of the principle of proportionality, the fundamental rights whose observance the Court ensures and, inter alia, the best interests of the minor child, who is a Union citizen. Thus, the competent national authority may take into consideration, inter alia, the gravity of the offences committed and the degree of severity of those convictions, as well as the period between the date on which they are handed down and the date on which that authority gives its decision. Where the relationship of dependency between that third-country national and a Union citizen who is a minor stems from the fact that the former is the parent of the latter, account must also be taken of the age and state of health, as well as the family and economic situation of that minor Union citizen (see, to that effect, judgment of 5 May 2022, Subdelegación del Gobierno en Toledo (Residence of a family member – Insufficient resources), C‑451/19 and C‑532/19, EU:C:2022:354, paragraph 53 and the case-law cited).
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