The Concept of Marriages of Convenience in EU Free Movement Law
The Concept of Marriages of Convenience in EU Free Movement Law

Author: Aleksandra Ancite-Jepifánova

Publisher: BRILL

Published: 2024-10-21

Total Pages: 359

ISBN-13: 9004499261

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Over the past two decades, EU Member States have regularly complained about the perceived abuse of EU law via marriages of convenience, allegedly contracted between mobile EU citizens and third-country nationals. During the pre-Brexit years, the UK had been voicing particularly strong concerns about the issue, which ultimately resulted in regulatory changes both at the EU and national level. In this book, Aleksandra Ancite-Jepifánova pursues two interrelated aims. First, she evaluates the compatibility of EU-level measures addressing marriages of convenience with EU free movement law by focusing on the Citizenship Directive. Second, she examines the regulation of the issue in UK law in so far as it concerns the residence rights of EU citizens and their family members, both pre-and post-Brexit.

Family Reunification in Europe
Family Reunification in Europe

Author: Ellen Desmet

Publisher: Taylor & Francis

Published: 2024-09-10

Total Pages: 343

ISBN-13: 1040116752

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This book provides a multi-disciplinary investigation of family reunification laws, policies and practices across the European Union. Family reunification – the possibility for family members to (re)unite in a country where one of them is residing – has been high on the political agenda. Building on original empirical research with families and practitioners as well as in-depth doctrinal analyses, the book explores the fragmentation of legal rules, the gaps between formal regulations and practices, and their consequences for families across borders. Different contributions in the volume point to the growing inequalities among and within applicant families, based on residence status, gender, location, citizenship and socio-economic resources, due to the family reunification regimes currently in place.The book enhances interdisciplinary dialogue by providing clear insights into the specific contribution of migration law, private international law and social scientific analyses to the study of family reunification. The book is aimed at researchers working on the topic of family reunification, as well as students of law and socio-legal studies and practitioners in the field of migration.

Bordering
Bordering

Author: Nira Yuval-Davis

Publisher: John Wiley & Sons

Published: 2019-06-10

Total Pages: 195

ISBN-13: 1509504982

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Controlling national borders has once again become a key concern of contemporary states and a highly contentious issue in social and political life. But controlling borders is about much more than patrolling territorial boundaries at the edges of states: it now comprises a multitude of practices that take place at different levels, some at the edges of states and some in the local contexts of everyday life – in workplaces, in hospitals, in schools – which, taken together, construct, reproduce and contest borders and the rights and obligations associated with belonging to a nation-state. This book is a systematic exploration of the practices and processes that now define state bordering and the role it plays in national and global governance. Based on original research, it goes well beyond traditional approaches to the study of migration and racism, showing how these processes affect all members of society, not just the marginalized others. The uncertainties arising from these processes mean that more and more people find themselves living in grey zones, excluded from any form of protection and often denied basic human rights.

The Substantive Law of the EU
The Substantive Law of the EU

Author: Catherine Barnard

Publisher: Oxford University Press

Published: 2016

Total Pages: 729

ISBN-13: 0198749953

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Widely acclaimed and respected, this is the leading text on the four freedoms of the European Union. Unparalleled coverage of the subject area is paired with expert author insight and presented in a concise and user-friendly format, accompanied by engaging case studies and diagrams.

Prohibition of Abuse of Law
Prohibition of Abuse of Law

Author: Rita de la Feria

Publisher: Bloomsbury Publishing

Published: 2011-06-09

Total Pages: 662

ISBN-13: 1847316565

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The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.

EU Citizenship Law
EU Citizenship Law

Author: Niamh Nic Shuibhne

Publisher: Oxford University Press

Published: 2023-10-26

Total Pages: 641

ISBN-13: 0198795319

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European Union citizenship is a novel and complex legal status. Since its formal conception in the Maastricht Treaty, EU citizenship has catalysed an extraordinary, and ongoing, legal experiment, the development and implications of which are traced comprehensively throughout this book. EU Citizenship Law articulates, explains, and analyses the legal framework and legal developments that have shaped the status of EU citizenship and the rights that it confers on Member State nationals. By examining how the rights and responsibilities produced by EU citizenship relate to other rights conferred by EU law, the distinctive meaning and scope - the added legal value - of EU citizenship is uncovered. But the legal story examined here sits in deeper and wider economic, political, social, and emotional contexts because EU citizenship is also an idea: a vector of European integration, collective personhood, and multi-layered identities that reflects the paradoxically inclusive and exclusive qualities of citizenship more generally. EU citizenship challenges us to consider the worth and deepen the protection of the person, and to shape a European Union where principles and values really matter. Thorough yet accessible, this work provides a comprehensive legal reference point for the progression of debates about what EU citizenship law actually 'is,' and for the continuing study and practice of EU citizenship law.

Revisiting the Fundamentals of the Free Movement of Persons in EU Law
Revisiting the Fundamentals of the Free Movement of Persons in EU Law

Author: Niamh Nic Shuibhne

Publisher: Oxford University Press

Published: 2023-08-06

Total Pages: 225

ISBN-13: 0198886292

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How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.

EU Migration Law
EU Migration Law

Author: Loïc Azoulai

Publisher: OUP Oxford

Published: 2014-03-20

Total Pages: 994

ISBN-13: 0191018147

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Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.

The Coherence of EU Free Movement Law
The Coherence of EU Free Movement Law

Author: Niamh Nic Shuibhne

Publisher:

Published: 2013-08-29

Total Pages: 301

ISBN-13: 0199592950

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Presenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States.

Planning the Future of Cross Border Families
Planning the Future of Cross Border Families

Author: Ilaria Viarengo

Publisher: Bloomsbury Publishing

Published: 2020-10-15

Total Pages: 976

ISBN-13: 1509919880

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This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).