Helen Toner - Hart Publishing, Jan 1, 2004 Anteprima del libro
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This book considers the case for
modernizing partnership rights in EC family reunification law. Existing
Community law guarantees immigration rights only to spouses and yet there is a
growing diversity of national laws on registered partnerships and recognition of
cohabitation. The Community institutions currently framing 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. 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-only immigration policies and concludes that although possible,
such justifications are far from certain to succeed in the ECJ. The discussion on immigration rights also tackles the important question of whether judicial
activism is appropriate or whether there should be judicial deference to the
legislative process currently underway. 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. 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.
