Gender as an Impediment of Marriage, Free Movement of Citizens, and EU Charter of Fundamental Rights

2013 ◽  
pp. 91-105
Author(s):  
Kristi Joamets
2021 ◽  
pp. 453-479
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter discusses Union citizenship and free movement of persons rights in the EU for Union citizens and their spouses, partners, children and dependants. It examines the Charter of Fundamental Rights, the European Convention on Human Rights, the Free Movement or Citizenship Directive and the principle of equal treatment. The chapter also considers the facets of Union citizenship and the political dimension of Union citizenship with reference to the European Citizens’ Initiative. It concludes with a discussion on some of the challenges of Union citizenship.


Author(s):  
Nigel Foster

Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a consideration of the Brexit referendum result and its possible consequences, also of Germany, and France as well as a briefer look at a number of other member states. It also contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the ECHR. It follows the further developments of Art 263 TFEU and has re-arranged the material on the free movement of persons to take account of the judgments of the Court of Justice.


Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin

This introductory chapter provides an overview of the EU Citizenship Directive. The European Union Directive 2004/38 or the EU Citizenship Directive gives effect to the right which EU law provides to all EU citizens and their family members of any nationality to move, reside, and exercise economic activities if they so choose on the territory of any EU Member State. The right to move and reside anywhere in the EU is a right which is accorded to Union citizens by virtue of Articles 20(2)(a) and 21 of the Treaty on the Functioning of the European Union (TFEU) and enshrined in Article 45 of the EU Charter of Fundamental Rights. The right of free movement of persons in their capacities as workers, self-employed persons, or service providers straddles two of the four fundamental freedoms of the European Union—free movement of persons and services.


2014 ◽  
Vol 15 (3) ◽  
pp. 383-406 ◽  
Author(s):  
Francesco de Cecco

The relation between internal market freedoms (the so-called“fundamental freedoms”) and fundamental rights is a recurring question in EU law. In recent years, after rulings such asSchmidberger, Omega, Viking, andLaval, attempts to provide a framework for approaching and resolving clashes between fundamental freedoms and fundamental rights have acquired a special urgency. Less attention, however, has been devoted to capturing the different nature of fundamental freedoms and fundamental rights, and to evaluating the implications of the choice whether or not to include fundamental freedoms in the same category as fundamental rights. The dominant focus in the literature is on what happens when free movement and fundamental rights pull in different directions. Yet, the question of whether fundamental freedoms should be regarded as fundamental rights also deserves close scrutiny. It is especially important to understand the implications of this classification since the EU Charter of Fundamental Rights appears to treat some, but not all, fundamental freedoms as fundamental rights. In particular, the Charter seems to regard the free movement of persons and services as fundamental rights, but not the free movement of goods or the free movement of capital. A similar approach is exhibited in the case law: While the Court recognizes the fundamental rights character of free movement of persons, it does not appear to extend that characterization to the entirety of free movement law. This article attempts to make sense of this dichotomy by relying on an account of fundamental rights that adopts a non-instrumental focus on the right-holder. It argues that certain free movement provisions, namely the free movement of goods and capital, cannot be characterized as fundamental rights because they are inherently instrumental—they are a means to the internal market end. By contrast, the other free movement provisions appear to match the account of fundamental rights adopted here. As this article aims to show, the classification of certain, or all, fundamental freedoms as fundamental rights is a question that affects the interpretation of thescopeof the free movement provisions. Moreover, as will be seen, the question is closely related to the debate on the convergence between the free movement provisions, and on the persistence of the “wholly internal rule,” the rule that requires a cross-border connection to trigger the application of free movement law.


Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter reviews citizenship and free movement rights in the EU. It first discusses the Charter of Fundamental Rights, the European Convention on Human Rights, the Citizenship Directive, and the principle of equal treatment. It then considers the facets of citizenship, the European Citizens’ Initiative, and problems with citizenship.


Author(s):  
Nigel Foster

Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a consideration of the Brexit referendum result and its possible consequences; also of Germany and France, as well as a briefer look at a number of other member states. It also contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the ECHR. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Article 263 TFEU and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice.


Author(s):  
Nigel Foster

Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas, including free movement of goods; free movement of persons; citizenship; and competition law, including state aids. This clear structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law, including UN Resolutions. It includes a consideration of EU law and Germany and France, as well as a briefer look at a number of other member states and contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the European Convention on Human Rights. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Art 263 of the Treaty on the Functioning of the European Union and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice. The relationship between the UK and the EU and Brexit are dealt with in a new, dedicated chapter.


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