Download or read book The Rights of Minor EU Member State Nationals Wishing to Enjoy Family Life with a Non EU Parent in Their Country of Nationality written by Ellen Nissen and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thesis that, in addition to offering a very strong legal analysis, has such a practical range that it could be used as a handbook by anyone working with these issues.' Jury Report Hanneke Steenbergen scriptieprijs 2012. This book adopts a child rights perspective in order to analyse and provide insight into the case law of the Court of Justice of the European Union and the European Court of Human Rights. Focus lies on the specific situation of children who wish to enjoy family life in their home country with a parent from outside the EU. It aims to assess whether, and to what extent, their right to family life and right to abode by virtue of their nationality are taken into account by the Courts. On 29 November 20012 Ellen Nissen was awarded the Hanneke Steenbergen scriptieprijs. This prize is awarded each year for the best thesis on migration law. Her publications made a substantive contribution to the field during her life

Download or read book Same Sex Relationships Law and Social Change written by Frances Hamilton and published by Routledge. This book was released on 2020-01-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.

Download or read book Litigating the Rights of the Child written by Ton Liefaard and published by Springer. This book was released on 2014-09-29 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.

Download or read book The Impact of the UK EU Agreement on Citizenship Rights for Eu Families Eurochildren Research Brief Series No 2 written by Colin Yeo and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current rules on acquisition of British citizenship originate in the British Nationality Act 1981. It has been amended by later Acts and supplemented by secondary legislation, but it is in the 1981 Act that basic rules reside. At the time that legislation was conceived and drafted, little if any thought will have been given to the situation of EU citizens and their family members, who were at that time treated the same as other migrants from outside the EU.As EU law and UK implementation of EU law has changed and grown, the framework of British nationality law has remained the same. This has resulted in a number of difficulties that EU citizens and their families will face in acquiring or proving British citizenship.Firstly, many children born in the UK to EU citizen parents will in theory be automatically born British. However, where neither of the parents was British or settled from outside the EU, it will be very hard or perhaps impossible for some of those children to prove their entitlement later in life. This is because they will be unable to produce proof that their parent possessed permanent residence because permanent residence is a status that is acquired automatically and does not depend on formal issuing of any particular document. Without such a document, proving that a parent possessed permanent residence will be very challenging.Secondly, some children of EU citizens currently living in the UK will have been born abroad, perhaps before the parents moved to the UK or perhaps when the parents went on holiday or returned to be close to family members at the time of the birth. Where neither of the parents was British at the time of birth, a child born abroad cannot usually acquire British citizenship until adulthood.Thirdly, there are substantial barriers to the acquisition of British citizenship by registration after birth for the children of EU citizens. These barriers are not unique to EU citizens and their families but will become more of an issue after the post-Brexit loss of free movement rights to enter and leave the UK freely over the course of one's life. The parents may not know or understand that a child could be registered as a British citizen once at least one of the parents is settled or the child has been resident for 10 years after being born in the UK. The fee for registration is now over £1,000 per child, which is unaffordable for many and a significant disincentive to all.Finally, there are some potentially significant legal and procedural barriers to EU citizens wishing to naturalise as British citizens. The fee for naturalisation is high and EU citizens have been required since 2015 to apply first for a permanent residence document before being eligible to apply for naturalisation. The UK interpretation of EU law appears to mean that many EU citizens (for example stay at home parents, carers, low earners and part time workers, those who have experienced sickness or unemployment and “A8” citizens who did not register their employment) have not been lawfully resident and are therefore not eligible for naturalisation and, worse, may be excluded from naturalisation on the basis of unlawful stay. This applies to long term residents as well as recent arrivals.The post-Brexit immigration statuses of temporary and settled status will ameliorate these problems for children born after Brexit and reduce the administrative barriers to naturalisation for adult EU citizens, but will not have retrospective effect. The historic problems with the interaction of British nationality law with the UK interpretation of EU law are likely to deprive many EU citizens of their entitlement to the acquisition of citizenship.

Download or read book Family Reunification in the EU written by Chiara Berneri and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines the intricate legislative and jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over the last 50 years. Focusing on family residence rights granted to third country national family members of EU citizens, it examines one of the largest sectors affected with over two hundred thousand permits granted each year. In addition to its practical significance, the field has been the object of a lively debate, which has yet to be systematically analysed. Using a historical approach, it illustrates the development of the legislation and of the case law on the issue considering the factors that influenced the choices of the EU Legislator and of the Court over the years. It also suggests what future path the Court could take when deciding on cases in the field in order to reinforce the protection of families. This important research ensures full understanding of the EU legislation and of the Court's jurisprudence and allows for its correct application by Member States.

Download or read book Rewriting Children s Rights Judgments written by Helen Stalford and published by Bloomsbury Publishing. This book was released on 2017-11-02 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children's rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children's rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children's rights. Collectively, the judgments point to five key factors that support a children's rights-based approach to judgment writing. These include: using children's rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language. Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children's rights perspective adopted; the extent to which it addresses the children's rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice. Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children's rights.

Download or read book Family reunification for refugee and migrant children written by Florence Boreil and published by Council of Europe. This book was released on with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to assist legislators and legal practitioners in facilitating the reunification of refugee and migrant children with their families As a result of the sharp increase in the refugee and migrant population in recent years, many children and their families have experienced family separation. Member states are bound by various obligations related to family reunification, and the practical reunification of refugee and migrant children with their family members has proved complex. This handbook is a practical guide both to key legal standards and to promising practices in the field of family reunification and restoring family links. This publication is conceived as a point of reference for capacity-building material, technical assistance, co-operation projects and new practices for and with relevant authorities and institutions. It focuses on the reunification of families with children in the context of international migration, and in particular on reunification possibilities for unaccompanied and separated refugee and migrant children. It presents an overview of legal principles of human rights, children’s rights, refugee law and EU law relevant to family reunification and then discusses key features of family reunification procedures, with promising examples of law and practice and relevant applicable standards. The handbook contributes to achieving the objectives of the Action Plan on Protecting Refugee and Migrant Children in Europe (2017-2019).

Download or read book EU Citizenship and Federalism written by Dimitry Kochenov and published by Cambridge University Press. This book was released on 2017-04-13 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading experts in EU constitutional law examine the foundational importance of citizenship rights in delimiting the scope of EU law.

Download or read book Research Handbook on European Union Citizenship Law and Policy written by Kostakopoulou, Dora and published by Edward Elgar Publishing. This book was released on 2022-03-17 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union.

Download or read book Rights of Third Country Nationals under EU Association Agreements written by Daniel Thym, LL.M. and published by BRILL. This book was released on 2015-07-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders. The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.

Download or read book The Impact of the UK EU Agreement on Residence Rights for EU Families Eurochildren Research Brief Series No 1 written by Colin Yeo and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU citizens and their family members living in the UK under EU law have been very concerned about the nature and quality of their rights of future residence in the UK following Brexit. Despite blithe assurances from some quarters these concerns are both understandable and well founded.There are a number of serious problems facing EU families in the UK after Brexit. Prior to Brexit these problems already existed but were largely hidden. Problems with and gaps in EU law and UK interpretation of EU law could be fudged or overlooked because these cracks were smoothed over by ongoing rights of free movement. After Brexit, the cracks will be exposed, some EU citizens and family members will fall through those cracks and others will be forced to make uncomfortable binary choices.The EU law rights of residence and permanent residence are to be replaced with domestic UK versions, referred to by the UK authorities as “temporary status” and “settled status”. EU citizens or family members living in the UK for less than five years will generally be entitled to temporary status. EU citizens and family members living in the UK for five years or more will generally be entitled to settled status. Those eligible will need to make an application for the new forms of status and will have to submit evidence of entitlement.The UK's commitments to waive gaps in employment, low earnings and the absence of comprehensive sickness insurance will all help many affected EU citizens qualify for the new statuses on offer after Brexit. This is to be welcomed. The majority of EU citizens and family members currently resident in the UK will probably thus retain ongoing lawful residence. This will not be the case for all those affected by Brexit, however, and some additional questions remain.What will happen to an EU citizen who cannot produce evidence of past residence? What happens to those who miss the deadline for applying? Should a child whose future lies in the UK be registered as British if that means losing the citizenship of the country of origin of one or both parents? What will happen to the children of EU citizens living in the UK who are entitled to British citizenship but cannot prove it because their parents either never had or did not keep the paperwork to prove it? What does it mean to belong to a family where one parent has one nationality, another has a second and the children have a third? What is the impact on such a family and where should they go if one of its members is deported?It is likely that substantial numbers of EU citizens do not acquire the new statuses. Where this happens, they and potentially their families will become unlawfully resident. They will face hostile environment measures, exploitation in the labour and housing markets and, ultimately, removal from the UK. Still more will face obstacles acquiring British citizenship.The consequences for children are severe. Children will be wholly dependent on their parents to apply for the new types of status. Where parents fail to do so, or for some reason do not qualify, children will lose their lawful status under EU law and drift unknowingly into illegality.

Download or read book The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2021-11-18 with total page 1568 pages. Available in PDF, EPUB and Kindle. Book excerpt: “..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.

Download or read book Children and the European Union written by Helen Stalford and published by Bloomsbury Publishing. This book was released on 2012-08-14 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.

Download or read book Empowerment and Disempowerment of the European Citizen written by Michael Dougan and published by Bloomsbury Publishing. This book was released on 2012-11-05 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays engages with a central theme in scholarship on EU citizenship – the emancipation of certain citizens, the alienation of others – and seeks to expand its horizons to interrogate whether similar debates and trends can be identified in other fields of European integration. The focus of the book is distinctly citizen focused. It delivers the potential for the opening out of analysis of the implications of European citizenship beyond the parameters of Articles 18-25 TFEU and beyond the disciplinary confines of legal analysis alone. The book construes 'EU citizenship' in its broadest sense, and explores the extent to which the European citizen is, or indeed is not, genuinely at the heart of EU law and policy-making. Within the broader theme of empowerment and disempowerment, the contributors reflect on a range of cross-cutting themes; for example, the extent to which channels of citizen participation (can) inform EU policy-making in a 'bottom-up' sense; or whether the EU is a catalyst for the construction of new spaces and new identities.

Download or read book Family Reunification in the EU written by Chiara Berneri and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines the intricate legislative and jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over the last 50 years. Focusing on family residence rights granted to third country national family members of EU citizens, it examines one of the largest sectors affected with over two hundred thousand permits granted each year. In addition to its practical significance, the field has been the object of a lively debate, which has yet to be systematically analysed. Using a historical approach, it illustrates the development of the legislation and of the case law on the issue considering the factors that influenced the choices of the EU Legislator and of the Court over the years. It also suggests what future path the Court could take when deciding on cases in the field in order to reinforce the protection of families. This important research ensures full understanding of the EU legislation and of the Court's jurisprudence and allows for its correct application by Member States.

Download or read book Do You Want to Work in Another EU Member State written by and published by . This book was released on 2009 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2019-09-12 with total page 1139 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most current, contextual and authoritative EU law text, including Brexit, the euro, and the migration crisis.