The concept of family in the EU free movement law
This paper examines the concepts of spouse, civil partner and partner in European Union (EU) law, particularly in regulations referring to the free movement of persons, criticizing the unharmonized approach to defining family in this context. It argues that the narrow interpretation of the term spou...
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| Format: | Article |
| Language: | English |
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Faculty of Law, Niš
2014-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Nišu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011468389J.pdf |
| _version_ | 1818026985739255808 |
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| author | Janićijević Dejan |
| author_facet | Janićijević Dejan |
| author_sort | Janićijević Dejan |
| collection | DOAJ |
| description | This paper examines the concepts of spouse, civil partner and partner in European Union (EU) law, particularly in regulations referring to the free movement of persons, criticizing the unharmonized approach to defining family in this context. It argues that the narrow interpretation of the term spouse could lead to discrimination on the grounds of sexual orientation. Likewise, grounding free movement rights of civil partners on host state recognition of such partnerships could lead to the same result, which is not compatible with the equality principle in the EU law. The position of unmarried or unregistered partners is also considered; in particular, the paper analyses the requirement to duly attest durability of the relationship and its impact on the same-sex partners wishing to immigrate to a Member State. The author holds that it is necessary to reconsider the law in this area and adjust it to the EU's efforts to eliminate discrimination on the grounds of sexual orientation. |
| first_indexed | 2024-12-10T04:40:42Z |
| format | Article |
| id | doaj.art-3971fe7685d640baac1ff4aa2e74304d |
| institution | Directory Open Access Journal |
| issn | 0350-8501 2560-3116 |
| language | English |
| last_indexed | 2024-12-10T04:40:42Z |
| publishDate | 2014-01-01 |
| publisher | Faculty of Law, Niš |
| record_format | Article |
| series | Zbornik Radova Pravnog Fakulteta u Nišu |
| spelling | doaj.art-3971fe7685d640baac1ff4aa2e74304d2022-12-22T02:01:54ZengFaculty of Law, NišZbornik Radova Pravnog Fakulteta u Nišu0350-85012560-31162014-01-0120146838940610.5937/zrpfni1468389J0350-85011468389JThe concept of family in the EU free movement lawJanićijević Dejan0Univeristy of Niš, Faculty of Law, Niš, SerbiaThis paper examines the concepts of spouse, civil partner and partner in European Union (EU) law, particularly in regulations referring to the free movement of persons, criticizing the unharmonized approach to defining family in this context. It argues that the narrow interpretation of the term spouse could lead to discrimination on the grounds of sexual orientation. Likewise, grounding free movement rights of civil partners on host state recognition of such partnerships could lead to the same result, which is not compatible with the equality principle in the EU law. The position of unmarried or unregistered partners is also considered; in particular, the paper analyses the requirement to duly attest durability of the relationship and its impact on the same-sex partners wishing to immigrate to a Member State. The author holds that it is necessary to reconsider the law in this area and adjust it to the EU's efforts to eliminate discrimination on the grounds of sexual orientation.http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011468389J.pdfspousesame-sex marriagecivil partnershipfamily |
| spellingShingle | Janićijević Dejan The concept of family in the EU free movement law Zbornik Radova Pravnog Fakulteta u Nišu spouse same-sex marriage civil partnership family |
| title | The concept of family in the EU free movement law |
| title_full | The concept of family in the EU free movement law |
| title_fullStr | The concept of family in the EU free movement law |
| title_full_unstemmed | The concept of family in the EU free movement law |
| title_short | The concept of family in the EU free movement law |
| title_sort | concept of family in the eu free movement law |
| topic | spouse same-sex marriage civil partnership family |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011468389J.pdf |
| work_keys_str_mv | AT janicijevicdejan theconceptoffamilyintheeufreemovementlaw AT janicijevicdejan conceptoffamilyintheeufreemovementlaw |