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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.
This book brings together contributions from some of the leading
authorities in the field of EU immigration and asylum law to
reflect upon developments since the Amsterdam Treaty and,
particularly, the Tampere European Council in 1999. At Tampere,
Heads of State and Government met to set guidelines for the
implementation of the powers and competences introduced by the
Amsterdam Treaty and make the development of the Union as an area
of freedom, security and justice a reality. Since 1999, a
substantial body of law and policy has developed, but the process
has been lengthy and the results open to critique. This book
presents a series of analyses of and reflections on the major legal
instruments and policy themes, with the underlying question, to
what extent the ideals held out of 'freedom, security and justice
accessible to all', are in fact reflected in these legislative and
policy developments. Has freedom from terrorism and the spectre of
illegal or irregular migration, and increasingly strict border
securitisation and surveillance overshadowed the freedom of the
migrant to seek entry or residence for legitimate touristic, work,
study, or family reasons, a secure refuge from persecution, and
effective access to justice? In 2004, the Heads of State and
Government presented a programme for the next stage of development
in these areas, the Hague Programme, and the Directives and
Regulations that have been agreed are now being transposed and
applied in Member States legal systems. What are the main
challenges in the years ahead as the Hague Programme and the
existing legislative acquis are implemented?
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