Civic Stratification Within Cross-Border Families: Mainland Chinese Children and Wives in Hong Kong

2019 ◽  
Vol 16 (2) ◽  
pp. 301-316 ◽  
Author(s):  
Clara Wai-chun To
Keyword(s):  
Hong Kong ◽  
Social Reproduction ◽  
Family Members ◽  
Chinese Children ◽  
Social Rights ◽  
Policy Changes ◽  
Citizenship Rights ◽  
Mainland Chinese ◽  
Cross Border ◽  
The Right

The extant literature on family-related migration has examined the civic stratification of the right to family reunification of citizens and non-citizens and the citizenship rights of their reunited family members. However, civic stratification amongst immigrant family members has received less attention. Accordingly, the current study highlights the significance of immigration status and social reproduction in the hierarchisation of the residency and social rights of Mainland Chinese children and spouses within cross-border families in Hong Kong, particularly since the policy changes in 2003. This study asserts that children are valued as prospective contributory citizens, and thus, they are afforded preferential treatment over spouses, who are mostly women, whose contribution to the reproduction of family and society are undervalued by central and local states.

scholarly journals Dano and Alimanovic: the recent evolution of CJEU caselaw on EU citizenship and cross-border access to social benefits

2017 ◽  
Vol 3 (1) ◽  
pp. 65-80
Author(s):  
Rui Lanceiro
Keyword(s):  
Member State ◽  
Case Law ◽  
Social Benefits ◽  
Social Rights ◽  
Member States ◽  
New Approach ◽  
Cross Border ◽  
The Social ◽  
The Status ◽  
The Right

Since its inception, the concept of EU citizenship, as well as the rights and duties deriving therefrom, has evolved considerably, particularly in the area of social rights. ECJ case law has played a central role in defining the right of EU citizens to access social benefits in the host Member States, which meant a decrease in their degree of discretion to restrict the access to national social securities systems. However, the recent Dano and Alimanovic judgments represent a significant change from previous case-law, setting limits on the right of EU citizens to social benefits in the host Member States. The right of residence in another Member State appears to be dependent on the status of a worker citizen in accordance with the new methodology in order to avoid being an excessive burden on the social system of the host Member State. However, the new approach still leaves several unanswered questions. Were these decisions an attempt to address the “social security tourism” debate? Is the CJEU falling behind with regard to the protection of social rights? What will remain of previous jurisprudence?

Mainland Chinese Enterprises in Hong Kong

Asian Survey ◽  
2018 ◽  
Vol 58 (3) ◽  
pp. 464-485 ◽  
Author(s):  
Gang Chen
Keyword(s):  
Hong Kong ◽  
Spillover Effects ◽  
The Political ◽  
Principal Agent ◽  
High Property ◽  
Chinese Enterprises ◽  
Mainland Chinese ◽  
Cross Border ◽  
Property Prices ◽  
Principal Agent Problem

This paper examines the under-researched subject of the political and economic functions of Mainland Chinese enterprises in Hong Kong. The lack of effective cross-border supervision of these offshore state assets has exacerbated the longstanding principal–agent problem, resulting in spillover effects such as high property prices and worsening corporate corruption.

scholarly journals On The Limits of Judicial Intervention:EU Citizenship and Family Reunification Rights

2011 ◽  
Vol 13 (4) ◽  
pp. 443-466 ◽  
Author(s):  
Peter Van Elsuwege ◽  
Peter Van Elsuwege ◽  
Dimitry Kochenov
Keyword(s):  
Family Reunification ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Citizenship Rights ◽  
Member States ◽  
Legislative Action ◽  
Cross Border ◽  
Court Of Justice ◽  
The Right

Abstract This article scrutinises the logic behind the recent judgments of the Court of Justice of the European Union (CJEU) in Ruiz Zambrano and McCarthy focusing on their implications for the right to family reunification under EU law. Specific attention is devoted to the phenomenon of reverse discrimination in the context of the new jurisdiction test established by the Court, which is based on the severity of the Member States’ interference with EU citizenship rights rather than on a pure cross-border logic. EU citizens unable to establish a link with EU law are often subject to stricter family reunification requirements in comparison to their migrant compatriots and even certain third country nationals. It is argued that this situation is difficult to accept in light of the principles of legal certainty, equality and the protection of fundamental rights. A new balance between EU citizenship and Member States’ regulatory autonomy is established but legislative action is required to solve the outstanding problems.

19. Citizenship: rights of free movement and residence

2020 ◽  
pp. 436-469
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Family Members ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Citizenship Rights ◽  
Broad Framework ◽  
The Right ◽  
Third Country Nationals

This chapter examines the European Union (EU) law concerning citizenship and the right of residence and free movement. It suggests that while citizenship provides a broad framework of rights, it is important to recognise the higher level of protection awarded to the economically active under Articles 45 (workers), 49 (establishment) and 56 (services) of the Treaty on the Functioning of the European Union (TFEU). The chapter also considers the link between migration and the rights claimed, and highlights the underlying concerns about the abuse of Union law rights. The chapter highlights the latest contribution of the CJ in relation to the interpretation of the Citizens’ Rights Directive (Directive 2004/38/EC). It also considers the position of third-country nationals (who are family members or dependents of an EU national) and students.

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