Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 6 - The Fundament of the Fundaments?

  • from Part II - The EU Family and Rights
  • Edited by Marja-Liisa Öberg, Lund University, Alina Tryfonidou, University of Cyprus
  • Book:
    The Family in EU Law
    Published online:
    12 December 2024
    Print publication:
    19 December 2024, pp 99-117
    • Chapter
      • You have access
      • Open access
    • PDF
    • HTML
    • Export citation

  • Summary

    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.