This book explores the main developments and challenges for the right to family life in the context of European integration. Examining the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement, it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.
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| Abbreviations |
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| Introduction |
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1 | (8) |
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PART I The right to family life in Europe |
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9 | (74) |
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1 European Convention on Human Rights and family life. Primary issues |
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11 | (18) |
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2 The scope of application of the EU Charter of Fundamental Rights |
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29 | (11) |
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3 The right to family life in the EU Charter of Fundamental Rights |
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40 | (27) |
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4 Mutual recognition of judicial decisions and the right to family life |
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67 | (16) |
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PART II Towards a broader understanding of the family |
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83 | (48) |
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5 The European courts and transsexuals. The binary distinction and the pattern of family |
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85 | (14) |
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6 Right to family life and access to medically assisted procreation in the case law of the European Court of Human Rights |
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99 | (16) |
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7 Biology-based systems of parentage and safety valves protecting social parenting |
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115 | (16) |
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PART III The right to family life in immigration law |
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131 | (66) |
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8 Family reunification: a tool to shape the concept of EU citizenship |
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133 | (15) |
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9 The right to family life as a bar to the expulsion of third country nationals in the European Union |
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148 | (20) |
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10 When there is no family: unaccompanied minors in the EU |
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168 | (13) |
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11 The protection of family life in the EU common policy on asylum |
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181 | (16) |
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PART IV Social rights and family life |
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197 | (56) |
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12 Moving patients and families and the social right to cross-border healthcare |
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199 | (15) |
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13 The right to housing and the protection of family life and vulnerable groups: European judicial activism |
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214 | (18) |
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14 Unjoined-up policy making and patchy promotion of gender equality: free movement and reconciliation of work and family life in the EU |
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232 | (21) |
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| Index |
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253 | |
Maribel González Pascual is Law Professor at Pompeu Fabra University. Her research fields include comparative federalism, fundamental rights and judicial cooperation and welfare rights in Europe.
Aida Torres Pérez is Law Professor at Pompeu Fabra University. Her research interests include European constitutionalism, judicial dialogue, fundamental rights in Europe, and the independence of the international judiciary.
Lisainfo e-raamatute kohta