Title Family as a basis of residence in the jurisprudence of the Court of Justice of the European Union
Translation of Title Šeima kaip gyvenimo šalyje pagrindas Europos Sąjungos Teisingumo Teismo jurisprudencijoje.
Authors Šovkovaja, Jana
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Pages 66
Keywords [eng] European Union citizenship ; family members ; right to family life ; residence rights ; third-country nationals
Abstract [eng] In this Master Thesis we have analyzed the notion of family as a basis to reside within the territory of the European Union; we have examined relevant CJEU case-law in order to learn how TCN family members of European Union citizens might get residence rights by relying on EU law. We have distinguished problematic aspects related to the definition of family member and proposed theoretical solutions. In the first part of the Master Thesis we have revealed the concept of the right to reside in the context of free movement provisions and its link with the right to family life. In the second part we have discovered difficulties in defining family members of European citizens and we have revealed their unequal treatment even in the same situations. In the third part we tried to distinguish the division of competence between Member States national legislation and EU law. The examination of different case-law concerning family unity, has revealed that the CJEU tries to balance three issues: 1) right to free movement; 2) right to family life; 3) and European citizenship.
Type Master thesis
Language English
Publication date 2014