Är den fria rörligheten fri för alla? Samkönade relationer och den fria rörligheten inom EU
(2014) LAGF03 20142Department of Law
Faculty of Law
- Abstract
- The free movement of people is one of the basic principles within the EU and shall also apply to family members. Family law is governed nationally and is not a part of the EU legislative competence. This results in different family laws between member states. Complications arise since some of the EU member states recognize same-sex marriage while other member states do not. In member states where same-sex marriages are not recognized the marriage fails its legal significance.
However, EU has the opportunity to fulfill the tasks it has been entrusted by implied or provided expertise. Furthermore, member states sovereignty must be operated in conformity with EU law, which statutes freedom of movement for all EU citizens.
The thesis aims to... (More) - The free movement of people is one of the basic principles within the EU and shall also apply to family members. Family law is governed nationally and is not a part of the EU legislative competence. This results in different family laws between member states. Complications arise since some of the EU member states recognize same-sex marriage while other member states do not. In member states where same-sex marriages are not recognized the marriage fails its legal significance.
However, EU has the opportunity to fulfill the tasks it has been entrusted by implied or provided expertise. Furthermore, member states sovereignty must be operated in conformity with EU law, which statutes freedom of movement for all EU citizens.
The thesis aims to describe the free movement of people and the legal consequences of same-sex relationships when border crossing. The essay examines the legal situation in the EU and if current legislation is sufficient to ensure the free movement. To investigate the purpose of the essay relevant EU legislation is studied.
Sovereignty of the states is prioritized over the union citizens right to free movement and the laws that aims to certify free movement are deficient. EU should work towards ensuring freedom of movement for all EU citizens since the freedom of movement is not as free for everyone. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/4925286
- author
- Pusic, Adriana LU
- supervisor
- organization
- course
- LAGF03 20142
- year
- 2014
- type
- M2 - Bachelor Degree
- subject
- keywords
- EU-rätt, familjerätt, fri rörlighet, samkönade äktenskap
- language
- Swedish
- id
- 4925286
- date added to LUP
- 2015-01-29 16:35:31
- date last changed
- 2015-01-29 16:35:31
@misc{4925286, abstract = {{The free movement of people is one of the basic principles within the EU and shall also apply to family members. Family law is governed nationally and is not a part of the EU legislative competence. This results in different family laws between member states. Complications arise since some of the EU member states recognize same-sex marriage while other member states do not. In member states where same-sex marriages are not recognized the marriage fails its legal significance. However, EU has the opportunity to fulfill the tasks it has been entrusted by implied or provided expertise. Furthermore, member states sovereignty must be operated in conformity with EU law, which statutes freedom of movement for all EU citizens. The thesis aims to describe the free movement of people and the legal consequences of same-sex relationships when border crossing. The essay examines the legal situation in the EU and if current legislation is sufficient to ensure the free movement. To investigate the purpose of the essay relevant EU legislation is studied. Sovereignty of the states is prioritized over the union citizens right to free movement and the laws that aims to certify free movement are deficient. EU should work towards ensuring freedom of movement for all EU citizens since the freedom of movement is not as free for everyone.}}, author = {{Pusic, Adriana}}, language = {{swe}}, note = {{Student Paper}}, title = {{Är den fria rörligheten fri för alla? Samkönade relationer och den fria rörligheten inom EU}}, year = {{2014}}, }