Family Reunification in the EU: The Movement and Residence Rights of Third Country National Family Members of EU Citizens

Family Law

Family Reunification in the EU: The Movement and Residence Rights of Third Country National Family Members of EU Citizens

By Chiara Berneri
Hart Publishing May 2017

Specifications

ISBN-13
9781509904785
Publisher
Hart Publishing
Publication
May 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This monograph examines the intricate jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over the last 30 years. Focusing as it does on family residence rights granted to third country national family members of EU citizens, it examines one of largest sectors affected with over one million 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 an historical approach to explore the jurisprudence of the Court of Justice, it illustrates inconsistencies within the rulings of the Court. It also suggests what future path the Court is likely to take when deciding on cases in the field.

This important research ensures full understanding of the Court's jurisprudence and allows for its correct application by Member States.

Table of Contents

Introduction

1. Family Reunification at the Time of Bilateral Agreements and the Common Market
1. Introduction
2. Movement Rights of Workers and the Role of Italy: From Bilateral Agreements to the Treaty of
Rome and the Common Market
3. Bilateral Agreements and Family Members' Residence Rights
4. EEC Family Residence Rights Provisions and Approach Towards Third Country Nationals
5. Conclusions

2. Foreigners Become Enemies: The New Immigration Approach since the Oil Crisis of 1973
1. Introduction
2. The Stigmatisation of Foreigners
3. The Creation and Development of a Fortress Europe: How Foreigners Started to be Stigmatised by the EU
4. Conclusions

3. Family Reunification between EU Moving Citizens and Third Country National Family Members
1. Introduction
2. The Right of Residence of Third Country National EU Family Members
3. Other Conditions Inserted in the Early Free Movement Legislation to be Fulfilled by the EU Worker
4. Other Conditions Inserted in the More Recent Legislation
5. Conclusions

4. EU Static Citizens Law Cases
1. Introduction
2. The Development of the Concept of EU Citizenship
3. The Final Detachment of the Concept of EU Citizenship from the Right of Free Movement: Zambrano
4. The First Zambrano Curtailment: McCarthy
5. The Completion of the Zambrano Curtailment through the Specification of the Substance of Rights test: Dereci
6. The Post-Dereci Cases: A Confi rmation of the Strict Approach of the Court on Third Country National
Family Residence Rights
7. Conclusions

5. Conclusion
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