Civil Rights and EU Citizenship
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Civil Rights and EU Citizenship

Challenges at the Crossroads of the European, National and Private Spheres

Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger

The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.
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Chapter 8: The right to family life and obstacles arising from intra-European mobility

Pilar Jiménez Blanco and Ángel Espiniella Menéndez

Abstract

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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