LEADER 04424nam 22007211 450 001 9910451077703321 005 20200514202323.0 010 $a1-4725-6319-0 010 $a1-280-80859-4 010 $a9786610808595 010 $a1-84731-120-2 024 7 $a10.5040/9781472563194 035 $a(CKB)1000000000338426 035 $a(EBL)270764 035 $a(OCoLC)476005328 035 $a(SSID)ssj0000218355 035 $a(PQKBManifestationID)12031513 035 $a(PQKBTitleCode)TC0000218355 035 $a(PQKBWorkID)10214648 035 $a(PQKB)10029913 035 $a(MiAaPQ)EBC1772549 035 $a(MiAaPQ)EBC270764 035 $a(Au-PeEL)EBL1772549 035 $a(CaPaEBR)ebr10276233 035 $a(CaONFJC)MIL80859 035 $a(OCoLC)893332158 035 $a(OCoLC)191801962 035 $a(UtOrBLW)bpp09256276 035 $a(Au-PeEL)EBL270764 035 $a(OCoLC)936847374 035 $a(EXLCZ)991000000000338426 100 $a20140929d2004 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aPartnership rights, free movement, and EU law /$fHelen Toner 205 $a1st ed. 210 1$aOxford ;$aPortland, Oregon :$cHart Publishing,$d2004. 215 $a1 online resource (310 p.) 225 1 $aModern studies in European law ;$vv. 3 300 $aRevision of the author's thesis (D. Phil.)--Oxford University, 2003. 311 $a1-84113-477-5 320 $aIncludes bibliographical references (pages [267]-280) and index. 327 $aChapter 1: Diversity in National Law -- Chapter 2: Legislative Reform in EC Law -- Chapter 3: The ECHR Perspective -- Chapter 4: The ECHR in Community Law -- Chapter 5: Community Law Principles of Discrimination 1 -- Chapter 6: A Non-discriminatory Obstacle? -- Chapter 7: Justifications for Married Partners Only Immigration Policies -- Chapter 8: Conclusions 330 8 $aThis book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on same-sex marriage, registered partnerships and recognition of cohabitation. The Community institutions which have recently framed new legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. The book challenges this assumption. The book outlines recent developments in national legal systems and traces the development of the recent Community legislation. Then, drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. It also considers the possible justifications for marriage-partners only immigration policies and concludes that although possible, such justifications are far from certain to succeed. The discussion also tackles the question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process recently completed. The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies beyond the field of immigration rights. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners 410 0$aModern studies in European law ;$vv. 3. 606 $aFreedom of movement$zEuropean Union countries 606 $aUnmarried couples$xLegal status, laws, etc$zEuropean Union countries 606 $2Laws of Specific jurisdictions 608 $aElectronic books. 615 0$aFreedom of movement 615 0$aUnmarried couples$xLegal status, laws, etc. 676 $a341.482 700 $aToner$b Helen$f1971-$0779270 801 0$bUtOrBLW 801 1$bUtOrBLW 801 2$bUkLoBP 906 $aBOOK 912 $a9910451077703321 996 $aPartnership rights, free movement, and EU law$91670786 997 $aUNINA