Partnership Rights, Free Movement, and EU Law

Author: Helen Toner

Publisher: Hart Publishing

ISBN: 1841134775

Category: Law

Page: 286

View: 3041

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.

Grundfreiheit ohne Markt

die Herausbildung der Unionsbürgerschaft im unionsrechtlichen Freizügigkeitsregime

Author: Ferdinand Wollenschläger

Publisher: Mohr Siebeck

ISBN: 9783161492433

Category: Law

Page: 449

View: 2701

Ferdinand Wollenschlager untersucht die pratorische Entfaltung der Unionsburgerschaft. Er leistet indes nicht nur eine fur Wissenschaft und Praxis gleichermassen bedeutsame dogmatische Strukturierung der kaum noch uberschaubaren Rechtsprechung des EuGH zur Unionsburgerschaft, deren methodische Belastbarkeit und Konsequenzen namentlich fur die nationalen Sozialleistungssysteme kritisch hinterfragt werden. Der Autor beleuchtet zudem Kontinuitaten und Bruche, Illusionen und Perspektiven beim Ubergang von einem marktfreiheitlichen zu einem unionsburgerlichen Freizugigkeitsregime und zeigt die hierdurch erforderlich gewordenen Neujustierungen im System der Grundfreiheiten auf. Gleichzeitig entfaltet er das neue Institut der Unionsburgerschaft als zur nationalen Staatsangehorigkeit komplementaren Baustein in einem durch mehrfache Zugehorigkeiten gekennzeichneten Mehrebenensystem Europaische Union. Dieses Buch wurde mit dem Fakultatspreis der Juristischen Fakultat der LMU Munchen und dem Promotionspreis der Munchener Juristischen Gesellschaft ausgezeichnet.

Commercial Law of the European Union

Author: Gabriël Moens,John Trone

Publisher: Springer Science & Business Media

ISBN: 9048187745

Category: Law

Page: 486

View: 5430

? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.

European Union Law for the Twenty-First Century: Volume 2

Rethinking the New Legal Order

Author: Professor Paul Matthews,Paolisa Nebbia

Publisher: Bloomsbury Publishing

ISBN: 1847311229

Category: Law

Page: 448

View: 8515

This book, to be published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European Law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, sex equality ets. Authors include: Tony Arnull, George Bermann, Marise Cremona, Paul Craig, Eileen Denza, Piet Eeckhout, Koen Lenaerts, Steve Peers, Wulf-Henning Roth, Francis Snyder, Erika Szyszczak, Takis Tridimas and Stephen Weatherill.

The Human Rights of Migrants in European Law

Author: Cathryn Costello

Publisher: Oxford University Press

ISBN: 0199644748

Category: Law

Page: 350

View: 3541

A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

Perspectives for the Unification and Harmonisation of Family Law in Europe

Author: Katharina Boele-Woelki

Publisher: Intersentia nv

ISBN: 9050952879

Category: Law

Page: 573

View: 8144

Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Migration, Diasporas and Legal Systems in Europe

Author: Prakash Shah,Werner Menski

Publisher: Routledge Cavendish

ISBN: 9781859419809

Category: Law

Page: 405

View: 4411

At a time when issues concerning migration and the formation of diasporic communities have come to be critical for all European legal systems, this volume reflects, discusses and analyzes the questions raised by diasporas who have established themselves in Europe over more than fifty years of immigration and the challenges faced by legal systems in the light of continued migration. Contributors from a broad range of backgrounds address prominent issues ranging from legal pluralism among minorities, pressures on EU accession states, irregular migration, state control of family reunification and formation in light of human rights laws, challenges for citizenship and nationality laws and the implementation of visa rules and juxtaposed control zones. Besides the EU as a supranational legal order, the book contains discussion of conditions in the United Kingdom, Ireland, France, Spain, Gibraltar, Morocco, Greece, Turkey and Lithuania. This volume accompanies The Challenge of Asylum to Legal Systems and is the second book to emerge from the W.G Hart Legal Workshop held in 2004 at London's Institute for Advanced Legal Studies.

Energy Security

The External Legal Relations of the European Union with Major Oil- and Gas-supplying Countries

Author: Sanam Salem Haghighi

Publisher: Hart Publishing


Category: Law

Page: 480

View: 1393

Recoge: 1. Security of energy supply in Europe - 2. External security of energy supply in Europe - 3. Division of competences and security of energy supply - 4. Internal outlook: EU measures in the field of energy - 5. External outlook: energy charter treaty and the GATT/WTO - 6. EU relations with Russia, the Mediterranean and the Persian Gulf - 7. The two missing sides: the development cooperation policy and the CFSP.

Globalisation, Migration, and the Future of Europe

Insiders and Outsiders

Author: Leila Simona Talani

Publisher: Routledge

ISBN: 1136635351

Category: Political Science

Page: 260

View: 5031

Showcasing an original, interdisciplinary approach, this text examines the effect of migration on the domestic politics of individual states and how they are eroding the distinctions between the domestic and foreign policy, the ‘inside’ and ‘outside’ components of politics and law. During the twentieth century the context in which migrants negotiate their integration within legal, social, cultural, economic and political spaces changed significantly. Drawing upon varied perspectives from the US, UK, France, Germany, Switzerland, Russia and Italy among others, this work develops a comprehensive understanding of the impact migratory networks are having on European societies. It investigates the strategies of integration or discrimination which are developed in Europe by state institutions, legal codes, political movements and even immigrant communities themselves, when confronted with the growing influence of migratory networks. The result is a highly topical exploration of the political and legal dimensions of migration in the EU, that develops new approaches to the issue of social integration and the exclusion of migrants and migrant communities. Globalization, Migration, and the Future of Europe will be of interest to students and scholars of migration, European studies, globalization and International Law.

The Regulation of the State in Competitive Markets in the EU

Author: Erika M. Szyszczak

Publisher: Hart Pub Limited


Category: Law

Page: 293

View: 9076

This book looks at the changing role and nature of the regulation of State intervention in the liberalized and privatized markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets â?? an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies, and the controversial application of Article 81 EC and Article 82 EC to the State. Other chapters examine the processes of privatization and liberalization with case studies on the postal sector, utilities, and telecommunications.

Complete EU Law

Text, Cases, and Materials

Author: Elspeth Berry,Matthew J. Homewood,Barbara Bogusz

Publisher: Oxford University Press

ISBN: 019879097X


Page: 760

View: 1046

Complete EU Law combines extracts from leading cases and articles with expert author commentary in a concise and student-friendly format. The broad range of key topics taught on EU law modules are thoroughly covered, including full chapters on human rights and competition law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This text is also supported by an Online Resource Centre which includes: * An interactive timeline and map illustrating the development of the EU and providing essential background knowledge of the Union and its Member States * Video clips from the European Commission showing key moments in EU legal history * Updates from the authors allowing students to stay on top of key developments in EU law * Self-test questions with instant feedback to help check understanding and assist with revision * Outline answers to assessment questions to help develop essay and problem-solving skills ahead of exams

Free Movement, Social Security and Gender in the EU

Author: Vicki Paskalia

Publisher: Bloomsbury Publishing

ISBN: 1847313736

Category: Law

Page: 366

View: 1095

This work examines the system of co-ordination of national social security laws in the European Union from a gender perspective. The central question that it raises concerns the level of social security protection enjoyed by women moving throughout the Union in cases of work interruption or marriage dissolution. Women's social security protection has traditionally been based on two criteria, namely economic activity and family/marriage. Work interruptions, in particular for child-rearing, challenge the invocation of economic activity as an effective basis for social security rights. Changing social and family conditions, including the emergence of atypical relationships and increasing divorce rates, challenge the criterion of family/marriage. Efforts have been made within the framework of the national systems of the Member States to address these challenges, often unsuccessfully. So, how successful has the European system of co-ordination, the aim of which is to provide a sufficient level of protection to migrant workers and their families, been in addressing these challenges? The book contains comprehensive discussion of the phenomenon and legal institution of social security, as well as a thorough analysis of the current state of European Community law concerning co-ordination, with a particular focus on gender. It identifies several problematic areas where solutions must be worked out and action taken. The book fills a gap in the legal literature on the social security field and will appeal to those with an interest in social security, including academics, policy-makers and practitioners.

The Laval and Viking Cases

Freedom of Services and Establishment V. Industrial Conflict in the European Economic Area and Russia

Author: Roger Blanpain,Andrzej ?wi?tkowski

Publisher: Kluwer Law International B.V.

ISBN: 9041128506

Category: Law

Page: 248

View: 3087

in this book nineteen labour law scholars present country reports detailing challenges and consequences of the rulings evident in twelve EU Member States, as well as in Norway and Russia. Among many others, the salient issues covered include the following: cross-border solidarity among workers; collective action as a fundamental freedom; the prospects for an EU minimum wage plan; the 'social partners' approach to national labour law; the harmonisation of social security standards; and the scope of enforcement by Member State labour regulatory authorities.

Labour Law, Fundamental Rights and Social Europe

Author: Mia Rönnmar

Publisher: Bloomsbury Publishing

ISBN: 1847318371

Category: Law

Page: 304

View: 7115

This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.

The EU Citizenship Directive

A Commentary

Author: Elspeth Guild,Steve Peers,Jonathan Tomkin

Publisher: Oxford University Press

ISBN: 0198705239

Category: Law

Page: 334

View: 3935

This book provides a comprehensive article by article commentary of the EU's Citizenship Directive. In doing so it offers readers a "one-stop" guide to a fundamental Union legislative act that governs the right of Union citizens and their family members to travel to or take up residence in other Member States of their choosing.

The Legal Framework and Social Consequences of Free Movement of Persons Within the European Union

Author: Elspeth Guild

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110732

Category: Political Science

Page: 175

View: 516

This book marks thirty years of progress in realizing the free movement of persons in the European Union. Its origins are to be found in a conference held at King's College, London, organised by the Immigration Law Practitioners' Association and the Centre of European Law at King's College, London, with the sponsorship of the European Commission. The book is divided into two sections: the first deals with the implementation of rights of nationals in the European Union to move, reside and exercise economic activities in other Member States. The second part looks at the development of European law regulating the movement, residence and economic activities of third country nationals within the territory of the Union. Each of the two parts, in its own way, analyzes the relation of the black letter law to the social consequences attendant on migration within the European Union. This is an invaluable analysis for practitioners and academics concerned with the development of a legal regime on migration in the European Union.