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Vol 21 No 11 Nov/Dec 2016

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The Right to Family Life in the European Union

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Edited by: Maribel Gonzalez Pascual, Aida Torres Perez

ISBN13: 9781138186279
To be Published: January 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00

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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Family Law, EU Law
Part I. The Right to Family Life in Europe
1. European Convention of Human Rights and Family Life
2. The Right to Family Life in the EU Charter of Fundamental Rights
3. The Scope of Application of the EU Charter of Fundamental Rights
4. ‘A Hopeful Transmission’: New Avenues towards our Understanding of EU Citizenship
5. Families Staying at Home
6. Mutual Recognition, Judicial Cooperation and Right to Family Life within the EU

Part II: Towards a Broader Understanding of the Family
7. Towards a Federal and All-Purpose Definition of Family in Europe: The Case of Same-Sex Couples and Free Movement
8. The European Courts and Transsexuals: The Binary Distinction and a New (Possible) Pattern of Family
9. Right to Family Life and Access to Medically-Assisted Procreation in the case-law of the European Court of Human Rights
10. Biology-Based Systems of Parentage and Safety Valves Protecting Social Parenting

Part III: The Right to Family Life in Immigration Law
11. Families: Can't Live with them, can't Live without them. Exposing and Exploring the Tensions between Immigration Law and EU Free Movement Law
12. The Right to Family Life as a Bar to the Expulsion of Third Country Nationals in the EU
13. The Protection of Family Life in the EU Common Policy on Asylum

Part IV: Social Rights and Family Life Cross-Border Access to Healthcare for Patients and their Families
14. Access to Social Services and Social Benefits for Moving Minors and their Families
15. The Right to Housing and the Protection of Family Life and Vulnerable Groups: European Judicial Activism
16. Free Movement and Reconciliation of Work and Family Life: Can a Balance be Struck for EU Migrant Workers?