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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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Partnership Rights, Free Movement, and EU Law (Hardcover, New)
Loot Price: R3,387
Discovery Miles 33 870
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Partnership Rights, Free Movement, and EU Law (Hardcover, New)
Series: Modern Studies in European Law
Expected to ship within 12 - 19 working days
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This book considers the case for modernising partnership rights in
EC family reunification law. Existing Community law traditionally
guarantees immigration rights only to spouses and yet there is a
growing diversity of national laws on same-sex marriage, registered
partnerships and recognition of cohabitation. The Community
institutions which have recently framed new legislation seem to
view this as a question that can be settled by political agreement
with little or no outside constraint. The book challenges this
assumption. The book outlines recent developments in national legal
systems and traces the development of the recent Community
legislation. Then, drawing on basic ECHR principles, the place of
the ECHR in Community law, and on basic Community law principles of
free movement and discrimination the book argues that the right of
a migrant EU Citizen to family reunification for a cohabiting
partner is presumptively protected and therefore justification for
refusing to admit such partners must be provided. It also considers
the possible justifications for marriage-partners only immigration
policies and concludes that although possible, such justifications
are far from certain to succeed. The discussion also tackles the
question of whether judicial activism is appropriate or whether
there should be judicial deference to the legislative process
recently completed. The book concludes with a wider discussion of
the proper response of Community law to the increasing diversity of
Member States family laws and policies beyond the field of
immigration rights. The book will be of value not only to
immigration lawyers, but also to those interested in partnership
rights generally, as well as to a wider audience of EU lawyers,
primarily academics but also graduate students and practitioners.
General
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