The Concept of Marriages of Convenience in EU Free Movement Law: EU and UK Perspectives

Human Rights

The Concept of Marriages of Convenience in EU Free Movement Law: EU and UK Perspectives

By Aleksandra Ancite-Jepifanova
Brill Nijhoff November 2024

Specifications

ISBN-13
9789004499256
Publisher
Brill Nijhoff
Publication
November 2024
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

List of Tables
Abbreviations
Introduction:
1. Setting the Scene: Marriages of Convenience and EU Citizens’ Right to Family Reunion
2. Limitations
3. Sources
4. Terminology
5. Chapter Outline

Part 1. EU and European Human Rights Law
1. Right to Family Reunion in EU Free Movement Law
2. Right to Family Reunion as a Source of Tension between the  cjeu  and Member States
3. After Metock: Marriages of Convenience as an Apple of Discord between the EU and Member States
4. Europeanisation of Relationship Standards? Marriages of Convenience in EU Soft Law
5. The Concept of Marriages of Convenience and European Human Rights Law

Part 2. UK Law
6. Historical Development of Family Reunification Provisions in UK Law
7. Marriage Controls during the Pre-Brexit Period
8. Marriage Controls after Brexit
9. Assessing the Nature of Marriage: Conduct of Investigation
10. Legitimising the Illegitimate: Marriages of Convenience and the UK Judiciary
Conclusion

Annexes
Annex 1
Annex 2
Annex 3

Bibliography
Index
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