Family Reunification in the EU: The Movement and Residence Rights of Third Country National Family Members of EU Citizens

Family Reunification in the EU: The Movement and Residence Rights of Third Country National Family Members of EU Citizens

by Chiara Berneri


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This monograph examines the intricate legislative and jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over the last 50 years. Focusing on family residence rights granted to third country national family members of EU citizens, it examines one of the largest sectors affected with over two hundred thousand permits granted each year. In addition to its practical significance, the field has been the object of a lively debate, which has yet to be systematically analysed. Using a historical approach, it illustrates the development of the legislation and of the case law on the issue considering the factors that influenced the choices of the EU Legislator and of the Court over the years. It also suggests what future path the Court could take when deciding on cases in the field in order to reinforce the protection of families. This important research ensures full understanding of the EU legislation and of the Court's jurisprudence and allows for its correct application by Member States.

Product Details

ISBN-13: 9781509904785
Publisher: Bloomsbury Academic
Publication date: 05/18/2017
Series: Modern Studies in European Law , #73
Pages: 160
Product dimensions: 6.14(w) x 9.21(h) x 0.44(d)

About the Author

Chiara Berneri is a lecturer of EU Law and Constitutional Law at BPP University.

Table of Contents

Acknowledgements v

Table of Cases ix

Table of Legislation xv

Introduction 1

1 Family Reunification at the Time of Bilateral Agreements and the Common Market 7

1 Introduction 7

2 Movement Rights of Workers and the Role of Italy: From Bilateral Agreements to the Treaty of Rome and the Common Market 8

3 Bilateral Agreements and Family Members' Residence Rights 14

3.1 Belgium 15

3.2 France 17

3.3 Germany 19

3.4 Luxembourg 22

3.5 The Role of Provisions on Family Residence Rights in the Bilateral Agreements 24

4 EEC Family Residence Rights Provisions and Approach Towards Third Country Nationals 26

5 Conclusions 28

2 Foreigners Become Enemies: The New Immigration Approach since the Oil Crisis of 1973 29

1 Introduction 29

2 The Stigmatisation of Foreigners 30

3 The Creation and Development of a Fortress Europe: How Foreigners Started to be Stigmatised by the EU 34

4 Conclusions 40

3 Family Reunification between EU Moving Citizens and Third Country National Family Members 42

1 Introduction 42

2 The Right of Residence of Third Country National EU Family Members 43

2.1 The Original Legislation 43

2.2 The Application of the Original Provisions on Residence Rights of Third Country National EU Family Members 46

2.2.1 The Origins of the Deterrence Test 46

2.2.2 The Development of the Post-Singh Case Law up until MRAX: The Dilution of the Concept of Deterrence 49

2.2.3 A Sudden Strict Application of the Deterrence Test 53

2.2.4 The Road to Metock: Overcoming the Deterrence Test 56

2.2.5 A Recent Revival of Deterrence: The O and B and S and G Cases 62

3 Other Conditions Inserted in the Early Free Movement Legislation to be Fulfilled by the EU Worker 64

4 Other Conditions Inserted in the More Recent Legislation 76

5 Conclusions 81

4 EU Static Citizens Law Cases 88

1 Introduction 88

2 The Development of the Concept of EU Citizenship 89

3 The Final Detachment of the Concept of EU Citizenship from the Right of Free Movement: Zambrano 95

4 The First Zambrano Curtailment: McCarthy 101

5 The Completion of the Zambrano Curtailment through the Specification of the Substance of Rights test: Dereci 105

6 The Post-Dereri Cases: A Confirmation of the Strict Approach of the Court on Third Country National Family Residence Rights 109

7 Conclusions 115

5 Conclusion 119

Bibliography 127

Index 139

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