Challenges at the Crossroads of the European, National and Private Spheres
Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger
Chapter 8: The right to family life and obstacles arising from intra-European mobility
EU citizenship has particular consequences in the protection of family life. The protection of family life implies the need to ensure families’ mobility within the EU. This chapter first determines what is the model of ‘family’ in EU law, and then identifies the various ways in which mobility is facilitated within the EU. It then surveys existing barriers and constraints pertaining to the following life events: filiation, forenames and surnames and marriage, highlighting the lack of harmonization, disparities of national legislations, and their effects on EU citizenship and free movement of persons. In conclusion, the chapter sketches the tentative application of five mechanisms that may serve to mitigate existing barriers related to the experiencing of life events of (mobile) EU citizens and the free movement of persons more generally.
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