Helen Stalford's Books

Children and the European Union

Rights, Welfare and Accountability

By: Helen Stalford

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Children and the European Union

Rights, Welfare and Accountability

By: Helen Stalford

This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.

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Page Count

193

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1847319904

ISBN 13

9781847319906

Partnership Rights, Free Movement, and EU Law

By: Helen Toner

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Partnership Rights, Free Movement, and EU Law

By: Helen Toner

This 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.

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Page Count

310

Publisher

Hart Publishing

Published Date

ISBN 10

1841134775

ISBN 13

9781841134772

Children and the European Union

Rights, Welfare and Accountability

By: Helen Stalford

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Children and the European Union

Rights, Welfare and Accountability

By: Helen Stalford

Average ratings

N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

193

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1847319904

ISBN 13

9781847319906

Book's by Helen Stalford

Children and the European Union

Children and the European Union

Partnership Rights, Free Movement, and EU Law

Partnership Rights, Free Movement, and EU Law

Children and the European Union

Children and the European Union

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