Alezini Loxa
Postdoktor
The Fundament of the Fundaments? Family, Rights and Federalism in the EU Charter and EU Law
Författare
Redaktör
- Marja-Liisa Öberg
- Alina Tryfonidou
Summary, in English
This chapter begins by explaining that family rights have been protected under EU law long before the adoption of the Charter. In particular, the chapter argues that the Court of Justice of the EU consolidated the protection of family life through a free movement
rationale, guided by the need to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty. The chapter then focuses on investigating how family rights are protected under EU law today. The authors first analyse the horizontal provisions of the EU Charter of Fundamental Rights and how they can affect both the extent of protection and the substance of family rights. Subsequently, they look at how family rights have appeared in the Court’s case law. Finally, the authors consider the interaction of family rights with the EU citizenship provisions. Exploring the connection between fundamental rights, free movement and EU citizenship, the chapter concludes by signalling the timid use of Charter provisions to advance the protection of family life.
rationale, guided by the need to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty. The chapter then focuses on investigating how family rights are protected under EU law today. The authors first analyse the horizontal provisions of the EU Charter of Fundamental Rights and how they can affect both the extent of protection and the substance of family rights. Subsequently, they look at how family rights have appeared in the Court’s case law. Finally, the authors consider the interaction of family rights with the EU citizenship provisions. Exploring the connection between fundamental rights, free movement and EU citizenship, the chapter concludes by signalling the timid use of Charter provisions to advance the protection of family life.
Avdelning/ar
- EU-rätt
- Juridiska institutionen
- Juridiska fakulteten
- LU profilområde: Mänskliga rättigheter
- Mänskliga rättigheter
Publiceringsår
2024
Språk
Engelska
Publikation/Tidskrift/Serie
The Family in EU Law
Dokumenttyp
Del av eller Kapitel i bok
Förlag
Cambridge University Press
Ämne
- Law
Nyckelord
- Family Rights
- EU Charter
- EU citizenship
- Familjerätt
- EU-rätt
Aktiv
Inpress
Forskningsgrupp
- EU Law
- Human Rights Law
ISBN/ISSN/Övrigt
- ISBN: 9781009498838