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The Fundament of the Fundaments? Family, Rights and Federalism in the EU Charter and EU Law

Groussot, Xavier LU ; Petursson, Gunnar Thor and Loxa, Alezini LU orcid (2024) p.99-117
Abstract
This chapter begins by explaining that family rights have been protected under EU law long before the adoption of the Charter. In particular, the chapter argues that the Court of Justice of the EU consolidated the protection of family life through a free movement rationale, guided by the need to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty. The chapter then focuses on investigating how family rights are protected under EU law today. The authors first analyse the horizontal provisions of the EU Charter of Fundamental Rights and how they can affect both the extent of protection and the substance of family rights. Subsequently, they look at how family rights have appeared in the Court’s case law.... (More)
This chapter begins by explaining that family rights have been protected under EU law long before the adoption of the Charter. In particular, the chapter argues that the Court of Justice of the EU consolidated the protection of family life through a free movement rationale, guided by the need to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty. The chapter then focuses on investigating how family rights are protected under EU law today. The authors first analyse the horizontal provisions of the EU Charter of Fundamental Rights and how they can affect both the extent of protection and the substance of family rights. Subsequently, they look at how family rights have appeared in the Court’s case law. Finally, the authors consider the interaction of family rights with the EU citizenship provisions. Exploring the connection between fundamental rights, free movement and EU citizenship, the chapter concludes by signalling the timid use of Charter provisions to advance the protection of family life. (Less)
Please use this url to cite or link to this publication:
author
; and
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Family Rights, EU Charter, EU citizenship, Familjerätt, EU-rätt
host publication
The Family in EU Law
editor
Öberg, Marja-Liisa and Tryfonidou, Alina
pages
99 - 117
publisher
Cambridge University Press
ISBN
9781009498838
9781009498821
DOI
10.1017/9781009498838.011
language
English
LU publication?
yes
id
7db10565-eb31-4279-8f99-c2257f6353e3
date added to LUP
2024-05-20 17:48:10
date last changed
2025-01-13 18:06:41
@inbook{7db10565-eb31-4279-8f99-c2257f6353e3,
  abstract     = {{This chapter begins by explaining that family rights have been protected under EU law long before the adoption of the Charter. In particular, the chapter argues that the Court of Justice of the EU consolidated the protection of family life through a free movement rationale, guided by the need to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty. The chapter then focuses on investigating how family rights are protected under EU law today. The authors first analyse the horizontal provisions of the EU Charter of Fundamental Rights and how they can affect both the extent of protection and the substance of family rights. Subsequently, they look at how family rights have appeared in the Court’s case law. Finally, the authors consider the interaction of family rights with the EU citizenship provisions. Exploring the connection between fundamental rights, free movement and EU citizenship, the chapter concludes by signalling the timid use of Charter provisions to advance the protection of family life.}},
  author       = {{Groussot, Xavier and Petursson, Gunnar Thor and Loxa, Alezini}},
  booktitle    = {{The Family in EU Law}},
  editor       = {{Öberg, Marja-Liisa and Tryfonidou, Alina}},
  isbn         = {{9781009498838}},
  keywords     = {{Family Rights; EU Charter; EU citizenship; Familjerätt; EU-rätt}},
  language     = {{eng}},
  pages        = {{99--117}},
  publisher    = {{Cambridge University Press}},
  title        = {{The Fundament of the Fundaments? Family, Rights and Federalism in the EU Charter and EU Law}},
  url          = {{http://dx.doi.org/10.1017/9781009498838.011}},
  doi          = {{10.1017/9781009498838.011}},
  year         = {{2024}},
}