Občanství EU jako důvod pro sloučení rodiny?
EU Citizenship as a Reason for Family Reunification?
Author(s): Věra HonuskováSubject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: right to family reunification; European Court of Human Rights; Court of Justice of the European Union; Zambrano case; citizenship of the European Union
Summary/Abstract: The essay deals with the basis of right to family reunification in international and european law and with its connection to EU citizenship. The author argues that there is no right to family reunification in international law, although it can be derived from some of the rights stipulated for in several conventions. There is nevertheless explicit formulation of this right in the EU law, but aimed only either on migrants from third countries, or on EU nationals, who perform their free movement right. The famous Zambrano judgment showed a different approach, based on prevention of the state from adoption of national measures that have the effect of depriving Union citizens of rights connected to the status of EU citizen. The essay finally argues that the right to family reunification may not be seen as a statutory right connected to the status of an EU citizen.
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 60/2014
- Issue No: 2
- Page Range: 55-70
- Page Count: 16
- Language: Czech