Free Movement and the Fragmentation of Family Reunification Rights

2013 ◽  
Vol 15 (1) ◽  
pp. 69-89 ◽  
Author(s):  
Anne Staver
Keyword(s):  
Political Science ◽  
Policy Transfer ◽  
Family Reunification ◽  
Historical Institutionalism ◽  
Free Movement ◽  
Reverse Discrimination ◽  
Citizenship Status ◽  
The Family ◽  
Legal Regimes ◽  
The Eu

Abstract Family reunification regulations in the EU are increasingly complex, and they vary for different groups of sponsors. This paper documents the existence of four parallel legal regimes for family reunification — national rules for citizens who do not move, EU rules for citizens who move within Europe, the Family Reunification Directive for third-country nationals in the EU, and since 2011, family reunification rights based on EU citizenship status. This paper asks how and why family reunification rules are being thus fragmented, and in particular why so-called ‘reverse discrimination’, where citizens are disadvantaged vis-à-vis non-citizens, is persisting and deepening. It draws on tools from political science, namely historical institutionalism and studies of policy transfer and Europeanization, to showcase the different logics that underlie these puzzling developments.

scholarly journals A Bride Run Free Movement of People in the EU, the Fundamental Right to Family, Family Reunification, and the Case of Denmark

2021 ◽  
Vol 4 (1) ◽  
pp. 69-83
Author(s):  
Hugo Balnaves
Keyword(s):  
Family Member ◽  
Family Life ◽  
Family Reunification ◽  
The Other ◽  
Free Movement ◽  
Reverse Discrimination ◽  
Citizenship Rights ◽  
Other Hand ◽  
The Eu

Danish legislation has made it increasingly difficult for Danish citizens who have not exercised their free movement (static EU citizens) to have their third country national (TCN) family member(s) reside with them in Denmark under family reunification. On the other hand, EU citizens (mobile EU citizens) who have exercised their free movement and reside in Denmark with their TCN family member(s), have access to far more generous EU family reunification legislation. This article explores the extent to which reverse discrimination effects Danish citizens compared to mobile EU compatriots living in Denmark and how this interacts with EU citizenship rights such as free movement and the fundamental right to family life.

The institutional development of skills formation in Lithuania and Ukraine: Institutional settings, critical junctures and policy transfer

2021 ◽  
pp. 174549992110574
Author(s):  
Vidmantas Tūtlys ◽  
Daiva Bukantaitė ◽  
Sergii Melnyk ◽  
Aivaras Anužis
Keyword(s):  
Theoretical Approach ◽  
Driving Forces ◽  
Institutional Development ◽  
Policy Transfer ◽  
Historical Institutionalism ◽  
Policy Choices ◽  
Institutional Settings ◽  
Critical Junctures ◽  
The Eu

The paper compares the institutional development of skills formation in Lithuania and Ukraine by focusing on the implications of the post-communist transition and Europeanization and exploring the role of policy transfer. The research follows the theoretical approach of historical institutionalism and skills formation ecosystems. Despite similar critical junctures typical for the institutional development of skills formation in Lithuania and Ukraine within this timeframe, the existing differences of these development pathways can be explained by the different policy choices and different impacts of the institutional legacy. The main implication of integration with the EU for skills formation in Lithuania and Ukraine is related with enabling holistic and strategic institutional development of skills formation institutions. The paper concludes that policy transfer was one of the key driving forces and capacity-building sources in the development of skills formation institutions in both countries.

A Re-examination of the Family Reunification Directive in the post-Lisbon Fundamental Rights Scene

ICL Journal ◽  
2018 ◽  
Vol 12 (1) ◽  
pp. 85-114
Author(s):  
Georgios Milios
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Family Reunification ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
European Convention ◽  
The Family ◽  
Charter Of Fundamental Rights ◽  
The One ◽  
The Eu

Abstract The article examines the issue of compatibility of the Family Reunification Directive with the important changes that the adoption of the Lisbon Treaty brought to the field of fundamental rights in the EU especially considering the fact that the Charter of Fundamental Rights of the EU gained the same legal value as the treaties. The article examines all possible scenarios that may derive from Art 52 (3) of the Charter and the problems or issues that each of them may entail for the immigrants’ right to family life in the EU. This examination reveals that certain aspects of the provisions of the Family Reunification Directive are not compatible with Art 8 of the European Convention on Human Rights, and proposes that the EU should, in any event, provide more extensive protection than the one provided for by the Convention. The article proposes a reunification model which may be more compatible with the post-Lisbon fundamental rights scene.

scholarly journals Review of the Construction Labour Demand and Shortages in the EU

Buildings ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 17
Author(s):  
Belinda Brucker Juricic ◽  
Mario Galic ◽  
Sasa Marenjak
Keyword(s):  
Free Movement ◽  
Construction Sector ◽  
The European Union ◽  
Total Employment ◽  
Member States ◽  
Skill Levels ◽  
Eu Member States ◽  
Free Movement Of Workers ◽  
European Union Member States ◽  
The Eu

This paper reviews the recent literature on skill and labour shortages in the labour market with special emphasis on the construction sector in the European Union Member States, foreseeing the Construction 4.0 era. The free movement of people is one of the rights of all citizens of the EU which also includes the free movement of workers. Labour shortages in the EU are expected to increase in the future due to a declining population and an ageing workforce. In order to recognize and forecast labour shortages, EU Member states use a variety of instruments but they do not answer as to whether it is possible to use migrant labour to appease those shortages. There are several systems used to classify labour shortages in the EU Member states. Most of the countries classify labour shortages in relation to different sectors or occupation groups as well as by skill levels, but in some Member States, classification is made according to the type of employment. Instruments used to measure labour shortages significantly differ from country to country. Several criteria are used for creating lists of shortage occupations and most of the criteria include demand side and supply side criteria. A majority of the Member States are facing labour and skill shortages in various sectors and the construction sector is not an exception. As total employment in the construction sector decreased, so did the share of employed migrants. Labour shortages in the construction sector can be eased by the availability of a labour supply willing to accept unqualified and low-paying jobs. The construction sector seeks low-, medium-, and high-skilled individuals and is most likely the sector where most of the incoming migrants will be working, which has an impact on the development and implementation dynamic of Construction 4.0.

scholarly journals Free movement of workers in the EU and occupational pensions

2017 ◽  
Vol 19 (2) ◽  
pp. 141-157 ◽  
Author(s):  
Marion Del Sol ◽  
Marco Rocca
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Free Movement ◽  
The European Union ◽  
Occupational Pensions ◽  
Minimum Standards ◽  
Court Of Justice ◽  
Free Movement Of Workers ◽  
The Eu ◽  
Cross National

The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.

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