Rights of Third-Country Nationals under EU Association Agreements PDF Download

Author: Daniel Thym, LL.M.
Publisher: BRILL
ISBN: 9004300066
Category : Law
Languages : en
Pages : 305

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Book Description
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.

Author: Helen Toner
Publisher: Hart Publishing
ISBN: 1841134775
Category : Law
Languages : en
Pages : 310

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Book Description
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.

Author: Anthony Arnull
Publisher: Oxford University Press
ISBN: 0191653055
Category : Law
Languages : en
Pages : 1092

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Book Description
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Author: Sandra Mantu
Publisher:
ISBN: 9789004411777
Category : Citizenship
Languages : en
Pages : 0

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Book Description
EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.

Author: Daniel Thym
Publisher: Bloomsbury Publishing
ISBN: 1509914668
Category : Law
Languages : en
Pages : 528

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Book Description
The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.

Author: Neil Walker
Publisher: Collected Courses of the Acade
ISBN:
Category : Law
Languages : en
Pages : 358

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Book Description
This collection brings together leading specialists in the areas of European Union law which are now organized under the Area of Freedom, Security and Justice (AFSJ).

Author: Pieter Jan Kuijper
Publisher: Kluwer Law International B.V.
ISBN: 9041154124
Category : Law
Languages : en
Pages : 1251

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Book Description
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 Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

Author: Aleksandra Ancite-Jepifánova
Publisher: BRILL
ISBN: 9004499261
Category : Law
Languages : en
Pages : 359

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Book Description
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.

Author: Steffen Hindelang
Publisher:
ISBN: 9780191705540
Category : Capital movements
Languages : en
Pages : 399

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Book Description
This title offers a timely restatement of the EU law on free movement of capital, focusing on the effect of EU law on international investment. Through analysis of the complex case law, it sets out the rights enjoyed by investors under EU law.

Author: Robert Schütze
Publisher: Oxford University Press, USA
ISBN: 0199238588
Category : Law
Languages : en
Pages : 428

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Book Description
What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.