The relevance of family status created abroad for the freedom of movement in the EU
Article 21 TFEU gives EU citizens the right, subject to very few exceptions, to move and reside freely within the territory of the Member States, which are not allowed to obstruct the exercise of this right by imposing direct and indirect obstacles. An EU citizen might hesitate to move to another Me...
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| Format: | Article |
| Language: | ces |
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Karolinum Press
2020-12-01
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| Series: | Acta Universitatis Carolinae. Iuridica |
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| Online Access: | http://www.karolinum.cz/doi/10.14712/23366478.2020.33 |
| _version_ | 1818853232868327424 |
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| author | Michael Bogdan |
| author_facet | Michael Bogdan |
| author_sort | Michael Bogdan |
| collection | DOAJ |
| description | Article 21 TFEU gives EU citizens the right, subject to very few exceptions, to move and reside freely within the territory of the Member States, which are not allowed to obstruct the exercise of this right by imposing direct and indirect obstacles. An EU citizen might hesitate to move to another Member State if he/she could not be accompanied by his/her closest family members who are not EU citizens. Certain family members, such as a spouse or direct descendants, enjoy therefore a derived right of free movement pursuant to Directive 2004/38. This may give rise to complications when the family relationship in question is not recognized in the Member State to which the family wishes to move. This paper discusses two recent judgments where the CJEU had to deal with this issue, in particular regarding a same-sex marriage (Coman, C-673/16) and the adoption-like Islamic kafala (SM v. Entry Clearance Officer, C-129/18). |
| first_indexed | 2024-12-19T07:33:33Z |
| format | Article |
| id | doaj.art-8c4ad6a98f234bd7a92224334662177e |
| institution | Directory Open Access Journal |
| issn | 0323-0619 2336-6478 |
| language | ces |
| last_indexed | 2024-12-19T07:33:33Z |
| publishDate | 2020-12-01 |
| publisher | Karolinum Press |
| record_format | Article |
| series | Acta Universitatis Carolinae. Iuridica |
| spelling | doaj.art-8c4ad6a98f234bd7a92224334662177e2022-12-21T20:30:37ZcesKarolinum PressActa Universitatis Carolinae. Iuridica0323-06192336-64782020-12-01664859310.14712/23366478.2020.3310387The relevance of family status created abroad for the freedom of movement in the EUMichael BogdanArticle 21 TFEU gives EU citizens the right, subject to very few exceptions, to move and reside freely within the territory of the Member States, which are not allowed to obstruct the exercise of this right by imposing direct and indirect obstacles. An EU citizen might hesitate to move to another Member State if he/she could not be accompanied by his/her closest family members who are not EU citizens. Certain family members, such as a spouse or direct descendants, enjoy therefore a derived right of free movement pursuant to Directive 2004/38. This may give rise to complications when the family relationship in question is not recognized in the Member State to which the family wishes to move. This paper discusses two recent judgments where the CJEU had to deal with this issue, in particular regarding a same-sex marriage (Coman, C-673/16) and the adoption-like Islamic kafala (SM v. Entry Clearance Officer, C-129/18).http://www.karolinum.cz/doi/10.14712/23366478.2020.33family membersfreedom of movementislamic kafalasame-sex marriagerecognition of family status |
| spellingShingle | Michael Bogdan The relevance of family status created abroad for the freedom of movement in the EU Acta Universitatis Carolinae. Iuridica family members freedom of movement islamic kafala same-sex marriage recognition of family status |
| title | The relevance of family status created abroad for the freedom of movement in the EU |
| title_full | The relevance of family status created abroad for the freedom of movement in the EU |
| title_fullStr | The relevance of family status created abroad for the freedom of movement in the EU |
| title_full_unstemmed | The relevance of family status created abroad for the freedom of movement in the EU |
| title_short | The relevance of family status created abroad for the freedom of movement in the EU |
| title_sort | relevance of family status created abroad for the freedom of movement in the eu |
| topic | family members freedom of movement islamic kafala same-sex marriage recognition of family status |
| url | http://www.karolinum.cz/doi/10.14712/23366478.2020.33 |
| work_keys_str_mv | AT michaelbogdan therelevanceoffamilystatuscreatedabroadforthefreedomofmovementintheeu AT michaelbogdan relevanceoffamilystatuscreatedabroadforthefreedomofmovementintheeu |