Partnership Rights, Free Movement, and EU Law

Partnership Rights, Free Movement, and EU Law
Author :
Publisher : Bloomsbury Publishing
Total Pages : 310
Release :
ISBN-10 : 9781847311207
ISBN-13 : 1847311202
Rating : 4/5 (202 Downloads)

Book Synopsis Partnership Rights, Free Movement, and EU Law by : Helen Toner

Download or read book Partnership Rights, Free Movement, and EU Law written by Helen Toner and published by Bloomsbury Publishing. This book was released on 2004-12-21 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on same-sex marriage, registered partnerships and recognition of cohabitation. The Community institutions which have recently framed new legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. The book challenges this assumption. The book outlines recent developments in national legal systems and traces the development of the recent Community legislation. Then, drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. It also considers the possible justifications for marriage-partners only immigration policies and concludes that although possible, such justifications are far from certain to succeed. The discussion also tackles the question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process recently completed. The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies beyond the field of immigration rights. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners.


Partnership Rights, Free Movement, and EU Law Related Books

Partnership Rights, Free Movement, and EU Law
Language: en
Pages: 310
Authors: Helen Toner
Categories: Law
Type: BOOK - Published: 2004-12-21 - Publisher: Bloomsbury Publishing

GET EBOOK

This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration righ
Partnership Rights, Free Movement, and EU Law
Language: en
Pages: 310
Authors: Helen Toner
Categories: Law
Type: BOOK - Published: 2004-12-31 - Publisher: Hart Publishing

GET EBOOK

This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration righ
Rights of Third-Country Nationals under EU Association Agreements
Language: en
Pages: 305
Authors: Daniel Thym, LL.M.
Categories: Law
Type: BOOK - Published: 2015-07-28 - Publisher: BRILL

GET EBOOK

Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association ag
EU Citizenship and Free Movement Rights
Language: en
Pages: 452
Authors: Sandra Mantu
Categories: Law
Type: BOOK - Published: 2020-03-31 - Publisher: BRILL

GET EBOOK

This collective volume examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for. EU citizenship can neither
The Law of the European Union and the European Communities
Language: en
Pages: 1251
Authors: Pieter Jan Kuijper
Categories: Law
Type: BOOK - Published: 2018-09-28 - Publisher: Kluwer Law International B.V.

GET EBOOK

The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal