15 research outputs found
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The movement and residence rights of third country national family members of EU citizens: a historical and jurisprudential approach
Granting family residence rights to third country national EU family members is a controversial issue that has been the object of a lively debate, especially in recent years. The debate has been particularly focused on the role played by the Court of Justice of the European Union in deciding cases involving EU citizens and their third country national family members. The Court has been criticized for inconsistent judgments and providing a lack of legal certainty. The object of this thesis is to analyse the intricate jurisprudential scenario of family reunifications between EU citizens and third country nationals. In order to do so I will place the CourtтАЩs case law in its broader historical context. Through my analysis, I will show how the phenomenon of family reunification between EU citizens and third country nationals is the fruit of a development that, starting from the legislation of the first post World War II era reached its climax in the more recent judgments of the CJEU. Using a historical prospective, I will outline that the original meaning of the first family reunification legislative provisions, their more recent CJEU interpretation and the new application of the concept of EU citizenship find their ground on specific trends that have characterized the process of European integration for years. I will look in particular at the development of the Common Market project, focused on eliminating obstacles that would hinder the right of free movement of workers and at the strengthening of the rights deriving from the EU citizenship status. I will also show how since the oil economic crises these two currents begun to clash with the stricter immigration policies adopted by some Member States. I will argue that the approach of the Court can be better appreciated when placed at the interplay of this clash
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The impact of law on moral and social norms: evidence from facemask fines in the UK
We measure the extent that a prevailing law can affect moral and social norms. We use variations in facemask fines in the UK during the COVID-19 pandemic as a case study, as it presents us with many features of a natural experiment. Our analysis provides two important findings. First, we find that the legal status of a behaviour, that is whether the behaviour is illegal or not, is important in influencing stated compliance and moral and social norms. In contrast we find no evidence that a variation in penalties has any effect on stated compliance or moral or social norms. We consider these results are important for law makers and society, as both moral and social norms are known to be important drivers of social change, and our results show that legality influences bothтАФthus highlighting an endogenous relationship between the lawтАФand moral and social norms
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The Court of Justice of the European Union, EU Citizenship and Residence Rights of Third Country National Family Members: An Ongoing Struggle
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Family Reunification in the EU: The Movement and Residence Rights of Third Country National Family Members of EU Citizens
This monograph examines the intricate legislative and jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over the last 50 years. Focusing on family residence rights granted to third country national family members of EU citizens, it examines one of the largest sectors affected with over two hundred thousand 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 a historical approach, it illustrates the development of the legislation and of the case law on the issue considering the factors that influenced the choices of the EU Legislator and of the Court over the years. It also suggests what future path the Court could take when deciding on cases in the field in order to reinforce the protection of families. This important research ensures full understanding of the EU legislation and of the Court's jurisprudence and allows for its correct application by Member States
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Il diritto dei familiari extracomunitari di cittadini dell'Unione a risiedere in uno stato membro
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Family Reunification between Static EU Citizens and Third Country Nationals: A Practical Way to Help Families Caught in the Current Immigration Crisis
According to the available data, the number of refugees worldwide has recently exceeded 50 million people. Europe in particular has become the place to which immigrants direct themselves in search of a better life. Numerous have been the efforts at EU level to introduce new legal channels of immigration. Within these efforts, family reunification has not been thoroughly explored by the EU as a tangible way to provide an alternative legal pathway to asylum.
The scope of this work is to link family reunification between static EU citizens and third country nationals to the current European immigration background in order to appreciate it as a way to channel safe immigration. This article will first give an overview of where we stand today in terms of the protection of this kind of family looking at data and case law. It will then focus on the reasons why a further enhancement of this tool is desirable and how it can be achieved in a concrete fashion. In particular, it will argue that a broader reading of the concept of emotional dependency, within the broader application of Zambrano , should be applied to further benefit families involved in the current refugee crisis
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Ewaen Fred Ogieriakhi v. Minister for Justice and Equality, Ireland
One of the key innovations of Directive 2004/38 EC is the introduction of Article 16 on the right of permanent residence in the host EU Member States of EU citizens and their third-country national family members. For the first time EU citizens and their third-country national family members, regardless of whether they are engaged in employment, are eligible to the right of permanent residence after having resided in the host Member State for a continuous period of five years. The acquisition of the right of permanent residence grants EU citizens and their family membersтАЩ enhanced protection against expulsion. In addition, those who have such a right shall enjoy equal treatment with the nationals of that Member State also in terms of social benefits and tax credits.
The advantages deriving from this provision led many EU citizens and third-country nationals to try rely on it in different circumstances. For this reason, often, national courts have found it necessary to stay proceedings and refer to the Court of Justice of the European Union in order to seek clarifications regarding its application. This occurred also in Case C-244/13, Ogieriakhi v. Minister for Justice and Equality