Partnership Rights, Free Movement, and EU LawHart Publishing, 2004 M12 31 - 286 pages 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. |
Contents
1841134775_00a | 1 |
1841134775_01 | 11 |
1841134775_02 | 49 |
1841134775_03 | 79 |
1841134775_04 | 123 |
1841134775_05 | 163 |
1841134775_06 | 193 |
1841134775_07 | 227 |
1841134775_08 | 251 |
1841134775_09 | 267 |
281 | |
Other editions - View all
Common terms and phrases
14 ECHR amended analysis approach argument Article 14 Article 18 EC Article 8 ECHR BĂșrca Carpenter Charter of Fundamental civil unions CMLRev cohabitation Commission Community law concept concerned considered context Council Directive Court deportation discussion EC Law ECommHR ECtHR jurisprudence effect EHRR ELRev entry equal treatment Europe European Union exercise expulsion Family Law family members family reunification free movement Fundamental Rights Hague heterosexual host Human Rights ILGA-Europe immigration law immigration rights individual International interpretation issue judgment justify Kluwer Legal Recognition legislation married couples measures migrant EU citizens nationality discrimination Netherlands non-national obligation opposite-sex Oxford particular principle of equal proportionality Proposal question reasons Recognition of Same-sex registered partners registered partnerships Regulation relation require residence rights restrictions right of residence same-sex couples same-sex marriage same-sex partners scope seems seen sexual orientation significant situation spouse SSHD status suggest TCNs tion Treaty UK Application unmarried partners Wintemute