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Index

Published online by Cambridge University Press:  12 December 2024

Edited by
Marja-Liisa Öberg  and
Alina Tryfonidou
Marja-Liisa Öberg
Affiliation:
Lund University
Alina Tryfonidou
Affiliation:
University of Cyprus
Type
Chapter
Information
The Family in EU Law , pp. 281 - 292
Publisher: Cambridge University Press
Print publication year: 2024
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Index

A.D.-K. v Poland, 178
A.M. v Norway, 191–194
A.S. case
material and emotional support, 73
adoption and adopted children, 25, 35, 217
Austria, 166–167
best interests of the child principle, 187, 192, 219
child protection, 212
Germany, 168
intra-family adoption, 166, 173
recognition of, 118, 125
same-sex relationships, 161, 166–168
step-children, 189–190
Alarape case, 69, 71
Aldeguer Tomas v Spain, 162
anti-discrimination law, 5, 7, 21, 27See also non-discrimination principle
assisted reproductive technologies
margin of appreciation, 201
assisted reproductive technology (ART)
Austria, 171, 200–202
Belgium, 166–167, 169, 172
egg donation, 200–202
France, 169–171, 178, 186–187, 189, 193
Norway, 191–194
rainbow families, 169–171
same-sex parenthood, 169–171
same-sex relationships, xxxiii, 151, 169–171, 178, 186–187, 189, 193
cross-border issues, 166, 169–171
See also surrogacy and surrogate-born children.
sperm donation, 200–202
association agreements, 76–77, 83, 92
EEC-Turkey Association Agreement. See EEC-Turkey Association Agreement; Turkey
association citizenship, 81
association families, 81–82
asylum. See migration and asylum
Asylum and Migration Management Regulation, proposals for
family member, concept of, 61
Asylum Directives
family members, concept of, 67
Austria
assisted reproductive technology, 171, 200–202
Iida case, 31
Karner case, 160–161, 164
P.B. and J.S. case, 161
right to residence, 32
S.H. and others case, 171, 200–202
same-sex adoption, 166–167
same-sex partnerships, 153, 158, 160–161, 164, 179
Schalk and Kopf case, 153, 158, 165, 179
X. and others case, 166–167
Azoulai, L., 73
Banger case, 65–66, 143–146
Baumbast case, 21, 25, 116
Belgium
assisted reproductive technology, 166–167, 169, 172
Coman case. See Coman case
Depesme and Kerrou case, 68
Gas and Dubois case, 166–167, 169
reconstituted families, 68
best interests of the child principle, 95, 112, 187–189
adoption, 187, 192, 219
contact rights, 172, 192, 219
kafala guardianship, 126
primacy of, 88, 211See also rights of the child (Art. 24 EUCFR).
surrogacy, 184
third country national mothers and rights of residence, 114
transfers of jurisdiction over parental responsibility proceedings, 218–221
birth certificates, 34, 128, 168, 175–178, 242
surrogacy, 186–191
Bonnaud and Lecoq v France, 172, 174
breakdown of parental relationships
child protection, 210, 215–216, 218, 221
Brexit families, 78, 92–96
Brexit, impact of, 37–38
Brighouse, Harry, 49–50, 52–53
broad approach to ‘family’
other personal relationships, 48
Brussels II Regulations, 64, 120
application, 102
child protection, 216–221
transfers of jurisdiction over parental responsibility proceedings, 218–220
Budget Conditionality Regulation (2020/2092), 244–245
Bulgaria. See V.M.A. v Stolichna obshtina, rayon ‘Pancharevo
Burke, Edmund, 51
Callamand v France, 173, 179
care proceedings, 213, 217–220
caring function of family, 67, 73
economic nature of relationships, 68
free movement and migration norms, 67–68
right of residence, 69
Carpenter case, 7, 25, 68, 99, 103, 105, 114
CD v ST, 183, 185
Charron and Merle-Montet v France, 170
Chavez Vilchez case, 114, 116
material and emotional support role, 73
stability of social relations, 74
child protection, 225–226
cross-national cooperation, 14, 216–221
cultural differences, 223–225
ECtHR, 211–212
EU law, 221–223
free movement rights, relationship with, 213–215
national child protection systems, 14
perception of family, impact of, 212–213
private international family law, 211, 213–215
public law child protection, 215–216
transfers of jurisdiction over parental responsibility proceedings, 218–220
Children’s Commissioner (UK)
Review into Family Life, 38–40, 47
Citizens’ Rights Directive (Directive 2004/38)
same-sex partnerships, 155, 163–164, 176
Citizens’ Rights Directive (Directive 2004/38), 28, 119, 130
adopted children, 125
application, 102
core versus extended family members, 133–137
direct descendants concept, 33–34, 74, 125–126
effective judicial protection. See effective judicial protection principle (Citizen’s Rights Directive)
family member, concept of, 12–13, 29, 31–34, 37, 60, 62–66, 132–137
inconsistency, 65–66
kafala guardianship, 127
polygamous marriage, 127–128
procedural safeguards, 136–138
entry refusal and expulsion decisions, 138–141
rights of entry and residence, 132–137
same-sex partnerships, 6, 30, 70, 120–124
substantive principles, 13, 136–137
termination/withdrawal of rights, 136
unmarried partners, 61
family reunification rights, 30
citizenship status, 12, 99–101, 111–116, 129, 214–215, 228
children, 178
TFEU, 100
Clauder case, 85
cohabitation, 20, 24, 30, 60, 64, 196See also unmarried partners,
Coman case, 6–7, 32, 72, 108–109, 120–121, 123, 164–165, 259
Art. 7 EUCFR, 123–124
EU Citizenship Directive, 121,
family reunification rights, 32–33, 69–70, 163–164, 176, 179
free movement rights, 120–124
spouse, concept of, 29, 155, 163
stability of social relations, 74
TFEU citizenship rights, 121–123
competence
EU legislative competence, 4–5, 7, 9, 20, 110, 158, 171, 181, 183, 215, 221–223, 227, 249–250, 257
member states, 35, 110, 121, 128, 154, 157, 164–165
non-discrimination principle, 106, 108, 111, 258
conditional families, 81
connections
family reunification, 169, 185, 218
Coordination of Social Security Systems (Reg. 883/2004)
family member, concept of, 63
‘core’ family members
Citizens’ Rights Directive (Directive 2004/38), 133–137
Council Implementing Decision 2022/382
family member, concept of, 61–62, 68
Court of Justice of the EU (CJEU), 249, 258–259
family, concept of, 5–8, 37
Polydor doctrine, 11See also EU law.
surrogacy and surrogate-born children, 182–186
Croatia
Pajic case, 163
same-sex partnerships, 164
cross-border disputes, 14See also child protection.
cross-border recognition of (same-sex) marriages, 7
rainbow families, 175–178
same-sex marriages, 164–166
same-sex parenthood, 175–178
same-sex relationships, 164–166
custody and guardianship of dependent children, 37, 172, 210, 216
kafala guardianship, 12, 74, 126
Citizens’ Rights Directive, relationship with, 127
SM v Entry Clearance Officer, 124–128
D and Kingdom of Sweden v Council of the European Union, 107–108, 153, 157
D. v France, 189–191
D.B. and others v Switzerland, 178
Demirkan case, 82
Denmark
family reunification rights, 89
registered partnerships, 252
same-sex marriage, 253
Depesme and Kerrou case, 68, 71
material and emotional support role, 73
stability of social relations, 74
Derin case, 81
derived right of residence, 70, 115, 121–124, 164
derogations
Citizens’ Rights Directive, 137
descendants, concept of, 176
direct descendants, 33–34, 74, 119, 125–126, 133–134
early EU law, 25
Free Movement Directive, 33
deterrence effect and language of ‘family’, 64
Digital Rights Ireland case, 102
direct descendants concept, 33–34, 74, 119, 125–126, 133–134
Directive 2003/109. See Long-term Residents Directive (Directive 2003/109)
Directive 2003/86. See Family Reunification Directive (Directive 2003/86)
Directive 2004/38. See Citizens’ Rights Directive (Directive 2004/38)
Directive 64/221. See movement/residence of foreign nationals justified on public policy, public security or public health grounds (Directive 64/221)
diversity in family forms, 20–22
divorce, 31, 37
Brussels IIb Regulation, 120, 217
child protection, 211
custody and guardianship of dependent children, 216–217
ideological divisions within the EU, 250–251
legal parenthood, 203
right to residence, 135
Rome III Regulation, 229
social assistance and welfare rights, 136
Dogan case, 89
domestic violence and abuse
child protection, 221–223
Commission’s Strategy on the Rights of the Child, 221, 225
Dublin Convention 1990
family member, concept of, 60
Dublin III Regulation 604/2013
family member, concept of, 61, 67
EC-Switzerland Agreement on the Free Movement of Persons, 82
EEC-Turkey Association Agreement (Ankara Agreement) See also Turkey.
Turkey, 80–83, 88–91
effective judicial protection principle (Art. 47 EUCFR), 12, 131–132, 141–143
effective judicial protection principle (Citizen’s Rights Directive), 131–132, 141–143, 145–147
entry refusal and expulsion decisions, 138–141
extended family members, 143–145
effectiveness principle, 115, 140, 144–145
EFTA Court
Clauder case, 85
Jabbi case, 86
egg donation, 200–202
England and Wales
child protection proceedings, 219–220
divorce law, 251
judicial review, 144
transfers of jurisdiction over parental responsibility proceedings, 219
entry refusal decisions
effective judicial protection principle under Citizen’s Rights Directive, 138–141
equal treatment principle, 108, 133, 135, 152, 157, 258
equivalent families, 83–86
Estonia
same-sex marriage, 253
EU Charter of Fundamental Rights (EUCFR), xxxiii, 6, 101–102, 116–117, 228, 249
ECHR, relationship with, 105
effective judicial protection principle (Art. 47). See effective judicial protection principle (Art. 47 EUCFR)
field of application (Art. 51), 103
implementation of EU law at national level., 102–103
legality of EU secondary norms, 102
respect for private and family life. See right to respect for family and private life (Art. 7 EUCFR)
review of Member State actions, 103
TFEU/TEU, relationship with, 104–105
EU citizenship. See citizenship status
EU identity, creation of, 248
EU integration, 76–78, 95–96
EU law
family member, concept of, 63–66
family, concept of, 5–10, 19–22
individuals, rights of, 4
regulating family relationships, 4, 75See also Court of Justice of the EU.
European Certificate of Parenthood, 255
European Commission
Strategy on the Rights of the Child, 221, 225
European Convention on Human Rights (ECHR)
negative obligations, 3
positive obligation, 3
right to marry and found a family (Art. 12), 37. See also right to marry and found a family (Art. 12 ECHR)
right to respect for family and private life (Art. 8), 8, 37. See also right to respect for family and private life (Art. 8 ECHR)
European Court of Human Rights (ECtHR), 259–260
marriage, concept of, 31
same-sex relationships, 3, 8, 152
surrogacy and surrogate-born children, 8, 186–194
European Economic Area (EEA), 12
European Family Law concept, 257–258
Institutional EU Family Law, 258
Institutional European Family Law, 258
EU-UK Withdrawal Agreeement, 91–94See also Brexit, impact of; Brexit families.
ex parte Shingara, 139
ex parte Yiadom, 139–140
expulsion decisions
effective judicial protection principle under Citizen’s Rights Directive, 138–141
‘extended’ family members
Citizens’ Rights Directive (Directive 2004/38), 133–137
effective judicial protection principle, 143–145
non-familial relationships, status of, 48See also private goods of the family,
Facebook Ireland (Schrems) case, 102
families of more than two parenting adults, 20
family activities and practices, 66–67, 69–70
caring function, 67–69
family member, concept of, 11, 38, 56, 59
Asylum and Migration Management Regulation, proposals for, 61
Citizens’ Rights Directive (Directive 2004/38), 12–13, 29, 31–34, 37, 60, 62–66, 132–137
conceptual confusion, 65–66
Coordination of Social Security Systems (Reg. 883/2004), 63
core versus extended family members, 133–137, 143–145
Council Implementing Decision 2022/382, 61–62, 68
Dublin Convention 1990, 60
Dublin III Regulation, 61, 67
EU legal norms, 57–58, 62, 75
Family Reunification Directive, 67
fluidity/instability of concept, 60
fragmentation of legal sources, 61–62, 75
Free Movement of Workers Regulation, 68
objective of the law, 62–63
Relocation Decision 2015, 67
status of family members, 71
temporal evolution, 60–61
Temporary protection Directive for people from Ukraine, 61–62, 68
Family Reunification Directive (Directive 2003/86), 28–29
family member, concept of, 67
unmarried partners, 61
family reunification rights
civil partnership status, 24
cross-border recognition of marriages, 7
Family Reunification Directive. See Family Reunification Directive (Directive 2003/86)
free movement rights, 22–25
Iida case, 31–32
marriage, 24, 27
material and emotional support role, 73
Regulation 1612/68, 22
family member, concept of, 60
Return Directive, 114
same-sex partnerships, 161, 163–164, 179
TFEU, relationship with, 115
unmarried partners, 24
family, concept of, 1, 10–11, 19, 54–55, 261
Children’s Commissioner (UK), 38–40
CJEU, 5–8
consanguineous co-residential individuals, 40
Court of Justice of the EU (CJEU), 37
early EU law, 22–25
East/West divide, 253–257
EU law, 5–10, 19–22, 36
formal definition of ‘family’, 46–47
functional definition, 46
global North, 40
harmonised conception of ‘family’, 58
idealised definition of ‘family’, 46
moral, religious, social, and political factors, 2–3
official definition, lack of, 1–2
ordinary, common-sense usage, 45–46
Raymond Williams, 40
secondary legislation, 28See also family member, concept of,
self-definition approach, 46
social, legal, demographic, and biological developments, 40–44, 56–60, 64
special social worth of ‘family’, 46–47
TEU, 28
TFEU, 28
Fedotova and others v Russia, 159, 179
fiduciary duty of care for children, 37, 52–53
financial responsibilities of spouses, 37, 52–53
Finland
divorce law, 251
Hämäläinen case, 156
Korkein hallinto-oikeus case, 216
parental responsibility, 217
trans rights, 156
formal definition of ‘family’, 46–47
foster carers, 197, 212, 217
fragmented nature of family law in the EU, 11, 57, 60–61, 75, 151, 179, 223, 261
France
assisted reproductive technology and same-sex couples, 169–171, 178, 186–187, 189, 193
Bonnaud and Lecoq case, 172, 174
Callamand case, 173, 179
Charron and Merle-Montet case, 170
D. case, 189–191
Depesme and Kerrou case, 68
domestic prohibition of surrogacy, 186–189
Hallier and others case, 174
joint parental authority, 172
Manenc case, 161, 164
Mennesson case, 171, 178, 186–187, 189, 193
Pacte civil de solidarité (France), 160
parental responsibility, 172–173
reconstituted families, 68
registered partnerships, 173, 179
same-sex partnerships, 160
joint parental authority, 172
Free Movement Directive. See Citizens’ Rights Directive (Directive 2004/38)
Free Movement of Workers Regulation (Regulation 492/2011)
family member, concept of, 68
free movement rights, 5, 7, 12, 78–80
caring function, value of, 67–69
family reunification, 22–25
Gunnarsson case, 85
Jabbi case, 86
V.M.A. case, 7
functional definition of ‘family’, 46, 54
Gas and Dubois case, 161, 166–168
Genc case, 89
genetics
automatic recognition of ties, 194
surrogacy
gendered effects of genetics, 189–191
legal fatherhood, 182
legal motherhood, 186–189
Mennesson case, 186–189
trumping of genetics, 191–194
Germany
Boeckel and Gessner-Boeckel case, 168
egg donation, 201
Iida case, 31
Maruko case, 108, 160, 258
pension rights, 160, 258
right of residency, 31
Römer case, 160
same-sex adoption rights, 168
same-sex parenthood, 169
‘goods’ language associated with family
goods, private and public distinguished, 48
non-familial relationships, status of, 48See also private goods of the family.
Goodwin v UK, 107, 153, 260
Grant case, 107–108
guardianship. See kafala guardianship; legal guardianship
Gunnarsson case, 85
Hague Convention on the Civil Aspects of International Child Abduction 1980, 216
Hallier and others v France, 174
Hämäläinen v Finland, 156
harmonisation of EU family law, 9, 38, 54, 63, 210–211, 223–225, 227
harmonised conception of ‘family’, 58
Hart, H.L.A., 45
Hay v Crédit Agricole, 160, 162, 179
Herring, J., 1, 45
homoparental families, 13See also same-sex parenthood.
Honner case, 173–174
Hungary, 14
illiberalism
constitutionalisation of traditional notions of family, 237
gender and family, 234–235
role of women within society, 235–236
social welfare and family policies, 236–237
Ibrahim case, 69
ideological divisions within the EU, 14
divorce, 250–251
East/West divide, 251–253
North/South divide, 250–251
Protestant versus Catholic ideologies, 250–251
same-sex relationships, 251–253
Iida case, 31–32
illiberalism, 14, 248
EU action against
Commission infringement procedures, 241–246
European Parliament resolutions, 241–242
familialism and biopolitics, 233–234
familism and role of the family, 232–233
Hungary
constitutionalisation of traditional notions of family, 237
gender and family, 234–235
role of women within society, 235–236
social welfare and family policies, 236–237
meaning, 230–231
Poland, 238
constitutionalisation of traditional notions of family, 240–241
education, 239–240
role of women within society, 239
social welfare and family policies, 238–239
war on gender, 231–232
immigration policy, 22, 29, 78, 87
Europeanisation, 87–88
Hungary, 235–236
Return Directive, 114See also Family Reunification Directive,
infringement actions
illiberalism, 243–245
integrated families, 87–91
intra-family adoption, 166, 173
Ireland
Digital Rights Ireland case, 102
divorce, 250
Facebook Ireland (Schrems) case, 102
pension rights, 162
same-sex marriage, 162, 253
Islamic law
kafala guardianship, 12, 74, 124–128
Italy
divorce, 250
Oliari and others v Italy, 158
Orlandi and others v Italy, 155, 165, 179
same-sex marriage, 155, 165–166, 179
same-sex partnerships, 158
Jabbi case, 86
joint parental authority, 33, 71, 128–129, 172–173
K.B. case, 106–107
KA case, 114–115
kafala guardianship, 12, 74, 126
Citizens’ Rights Directive, relationship with, 127
SM v Entry Clearance Officer, 124–128
Karner v Austria, 160, 164
Kemper, Andreas, 233
kinship placements, 212, 217, 220
Kozak v Poland, 161
legal (un)certainty, 57
non-recognition of family ties, 187
legal fictions and transnational surrogacy, 194–196
gendered and discriminatory nature, 196–200
legal guardianship, 37, 240See also kafala guardianship.
LGBTIQ Equality Strategy 2020-2025 (EU), 255–256
Long-term Residents Directive (Directive 2003/109), 88, 91
Lounes case, 115–116
Luxembourg
parent–child relationship, 68
M.B. v Secretary of State for Work and Pensions, 156–157
Maastricht Treaty 1993
EU citizenship, 214
Malta
divorce, 250
Manenc v France, 161, 164
margin of appreciation
assisted reproductive technologies, 201
parental leave, rights of, 174
rights of same-sex couples, 158, 164–165
social assistance and welfare systems, 63
step-child adoption, 190
marriage
same-sex relationships compared, 107–111
marriage annulments, 136
Brussels IIb Regulation, 120
marriages of convenience, 136
Martínez Sala case, 111, 116
Maruko case, 108, 160, 258
Mata Estevez v Spain, 161, 164
mater semper certa est rule, 13, 182, 184–186, 192, 194, 196, 201
rigidity of application, 182, 187, 195–204
material and emotional support
social membership conception of family, 73–74
maternity leave, 181
surrogacy, 182–184, 205
medically assisted procreation (MAP). See assisted reproductive technology (ART)
Mennesson v France, 171, 178, 186–187, 189, 193
migration and asylum, 5, 61, 67, 210See also Family Reunification Directive.
minimum procedural safeguards, 138
Morgan, David H.J., 59, 66, 70
movement/residence of foreign nationals justified on public policy, public security or public health grounds (Directive 64/221), 138–141, 146
MRAX case, 99
national procedural autonomy principle, 140, 145
negative influences of the EU on family law, 72–74
Netherlands
Banger case, 65–66, 143, 146
family reunification rights, 27
same-sex marriage, 153, 165, 252
social assistance and welfare benefits, 114
non-discrimination principle, 111, 140, 246
Art. 21 EUCFR, 100, 105–111, 144–145, 249, 258
Norway
A.M. v Norway case, 191–194, 199
assisted reproductive technology, 191–194
recognition of intended motherhood, 191–194, 199
same-sex marriage, 253
Oliari and others v Italy, 158
Orbán, Viktor
illiberal democracy concept, 231See also Hungary.
Orlandi and others v Italy, 155, 165, 179
‘other close relatives’ concept
vagueness, 62
P.B. and J.S. v Austria, 161
Pacte Civil de Solidarité (France), xxxiii, 160
paedophilia
conflation with homosexuality
Hungary, 233, 237
Pajic v Croatia, 163
parental child abduction, 214
Hague Convention, 216
parental responsibility, 217
Regulation 2201/2003, 64
SM v Entry Clearance Officer, 124–128
parent–child relationships. See adoption and adopted children; step-children
parenthood, 52
determination of legal parenthood, 194–196
gendered nature of, 185–186
surrogacy. See surrogacy and surrogate-born children
Parliament v Council, 102
Parris v Trinity College Dublin, 158, 162
pater est quem nuptiae demonstrant rule, 13, 182, 200
legal fictions, 195–196
openness to flexibility, 196–197
paternity leave
equivalent second parents, 35, 174–175
pension rights
registered partnerships, 259
same-sex partnerships, 108, 156–157, 161–162, 258
trans partners, 106
Poland, 14
A.D.-K. case, 178
illiberalism, 238
constitutionalisation of traditional notions of family, 240–241
education, 239–240
role of women within society, 239
social welfare and family policies, 238–239
Kozak case, 161
same-sex parenthood, 178
same-sex partnerships, 161
Polydor doctrine, 11, 82
polygamous marriages, 29, 127–128
primary carer, concept of, 71
early EU law, 25–27, 69
private goods of the family
family as a social institution, 50–51
intimate relationships concept, 49–50
private international family law, 14, 209
child protection, 213–215, 220
harmonisation, 211, 221–224
procedural safeguards
Citizens’ Rights Directive, 66, 136–137, 144–146
entry refusal and expulsion decisions, 138–141
minimum procedural safeguards, 138
prohibition on torture and inhuman and degrading treatment (Art. 3 ECHR), 211
proportionality, 116, 122, 156, 174
protection of family life (Art. 33 EUCFR), 100, 105–106
Protestant versus Catholic ideologies
divorce, 250–251
public goods of the family, 51–53
public health
movement/residence of foreign nationals (Directive 64/221), 138–141, 146
Treaty-based limitations, 135
public policy
movement/residence of foreign nationals (Directive 64/221), 138–141, 146
Treaty-based limitations, 135
public security
movement/residence of foreign nationals (Directive 64/221), 138–141, 146
Treaty-based limitations, 135
qualifying families, 82–83
R.F. and others v Germany, 169
rainbow families, 20
assisted reproductive technology, 169–171
family reunification rights, 175–177
recognition and protection, 152
recognition of parenthood established abroad, 175–178
same-sex parenthood, 166–169
shared parental responsibility, 171–173
social assistance and welfare benefits, 174–175
Rawls, John, 48
recognition of intended motherhood, 186–189, 191–194
precarity of, 194
recognition of legal motherhood/fatherhood, 189–191
recognition of parenthood established abroad, 175–178
recognition of same-sex marriages celebrated abroad, 164–166
reconstituted families, 20, 25, 36, 68
Reed case, 24–25
refugees. See migration and asylum
registered partnerships, 20, 252
family member, concept of, 28–30, 60, 62, 118–120, 133
official recognition as a right, 157–159
pension rights, 162, 258–259
same-sex registered partners, 27, 151, 163, 179–180
adoption, 166–168
social assistance and welfare system, 159–161
termination, 136
trans rights, 156
Relocation Decision 2015
family member, concept of, 67
removed families, 91–95
Rendón Marín case, 26, 113–114
Return Directive (Directive 2008/115), 114
Reyes case, 70
right of residence, 70, 81, 84–85, 164
care of family members, 67–69, 71
Germany, 31
mothers and best interests of child, 114
TFEU, 121–124
right to marry (Art. 9 EUCFR), 100, 105–106
Art. 7 EUCFR, relationship with, 106–111, 116
same-sex marriages, 153–154
trans individuals, 106–107
right to marry and found a family (Art. 12 ECHR), 37, 153–155
same-sex marriages, 153
right to respect for family and private life (Art. 7 EUCFR), 99–101, 105
Art. 8 ECHR, relationship with, 105
Art. 9 EUCFR, relationship with, 106–111
citizenship rights, relationship with, 111–116
right to respect for family and private life (Art. 8 ECHR), 8, 37
Art. 7 EUCFR, relationship with, 105
child protection, 212
rights of the child (Art. 24 EUCFR), 100, 105–106, 112–116
Romania
Coman case, 120–121, 163
Rome III Regulation, 229
Römer case, 160, 259
Royer case, 139
Ruiz-Zambrano. See Zambrano case
rule of law deterioration, 100
EU’s responses to, 241–247See also illiberalism.
Rzecznik Praw Obywatelskich case, 255
same-sex marriages, 151
Coman case, 120–124See also Coman case.
mobility rights, 69–70
recognition of same-sex marriage celebrated abroad, 164–166
right to marry (Art. 12 ECHR), 153See also right to marry and found a family (Art. 12 ECHR).
right to marry (Art. 9 EUCFR), 153–154See also right to marry (Art. 9 EUCFR).
transgender spouses, 156–157
same-sex parenthood, 20, 166–169
assisted reproductive technology, 169–171
family reunification rights, 175–177
recognition and protection, 152
recognition of parenthood established abroad, 175–178
shared parental responsibility, 171–173
social assistance and welfare benefits, 174–175
V.M.A. case, 128–129
same-sex relationships, 13, 179
adoption and adopted children, 161, 166–168
assisted reproductive technology, xxxiii, 152
family reunification rights, 163–164
ideological divisions within the EU, 251–253
legal recognition, 3–4
marriage compared, 107–111
non-discrimination, 107
recognition of same-sex marriage celebrated abroad, 164–166
registered partnerships, 157–159
right to marry, 153–155See also same-sex marriages; same-sex parenthood.
social assistance and welfare systems, 159–162
trans rights, 156–157
Schalk and Kopf v Austria, 153–155, 158, 165, 179
self-definition approach to ‘family’, 45–46, 59–60
sex education in schools, 243
shared parental responsibility, 171–173
single-parent families, 20
SM v Entry Clearance Officer
free movement rights, 124–128
parental authority and responsibility, 74, 124–128
social assistance and welfare systems
Citizens’ Rights Directive, 135–136
registered partnerships, 159–162
same-sex partnerships, 159–162See also pension rights.
transgender spouses, 156–157
social cohesion, 11, 73, 75, 91
social membership conception of family
material and emotional support role, 73–74
stability of social relations, 74
Spain
Aldeguer Tomas case, 162
dependency, concept of, 113
divorce, 250–251
Mata Estevez case, 161, 164
pension rights, 161–162, 164
Rendón Marín case, 113
same-sex marriage, 253
same-sex parenthood, 128, 175
V.M.A. case, 6–7, 34, 72, 109–110, 128–129, 169, 175–177, 255
special social worth of ‘family’, 46–47
sperm donation, 200–202
spouse, concept of, 24, 29, 60, 134See also Coman case.
standalone pleas, 244–246
step-children, 25
adoption, 189–190
primary carers, 25
substantive family law, 227, 259
child protection, 211
divorce, 211
harmonisation, 9, 54, 211
surrogacy, 181
substantive principles, 225
Citizens’ Rights Directive, 13, 136–137
succession rights, 45, 128–129, 178, 188
pension rights
same-sex partnerships, 108, 161–162, 258
trans partners, 106
same-sex partnerships, 160
surrogacy and surrogate-born children, 8, 13–14, 181–182
birth certificates, 186–191
CJEU, 182–186
determination of legal motherhood/fatherhood, 189–191
ECtHR, 186–194
genetics
gendered effects of genetics, 189–191
legal fatherhood, 182
legal motherhood, 186–189
Mennesson case, 186–189
trumping of genetics, 191–194
Sweden
care proceedings, 217
cohabitation, 119
D and Kingdom of Sweden v Council of the European Union, 107–108, 153, 157
divorce, 251
same-sex marriage, 253
same-sex relationships, 107–108, 153
Swift, Adam, 49–50, 52–53
Switzerland, 87
D.B. and others case, 178–179
surrogacy, 178–179
Taddeucci and McCall case, 163, 168
TB case
material and emotional support, 73
Teixeira case, 69
material and emotional support, 73
Temporary Protection Directive for people from Ukraine
family member, concept of, 61–62, 68
termination of a registered partnership, 136
third-country nationals (TCNs), 5, 11–12, 76–78, 80, 96
association agreements, 83
family reunification, 78, 114–115
integrated families, 87–90
traditional nuclear family ideal, 6–7, 20–22, 46
criticisms of CJEU, 37
current EU legal framework, 28–36
early EU law, 22–28
growing illiberalism
EU response to, 241–247
Hungary, 234–237
Poland, 238–241
Regulation 1612/68, 22–25
trans rights
right to marry, 106–107, 156–157
Treaty on European Union (TEU), 101
EUCFR, relationship with, 104–105
family, concept of, 28
rule of law, challenges to, 244
standalone plea, 245–246
Treaty on the Functioning of the EU (TFEU), 227
citizenship rights, 100, 103, 111, 118
substance of rights test, 113
citizenship status, 100
Coman case, 121–123
EU Citizens’ Directive, relationship with, 118–120
EUCFR, relationship with, 104–105
family reunification rights, relationship with, 115
family, concept of, 28
indirect beneficiaries, 119
right of residence, 79, 86, 121–124
Turkey, 12, 92
EEC-Turkey Association Agreement (Ankara Agreement), 80–83, 88–91
right of residence, 81, 84–85
United Kingdom, 12See also Brexit, impact of; Brexit families; EU-UK Withdrawal Agreement,
United Kingdom v Council, 82
unmarried partners
EU protections, 30, 61, 65
family reunification rights, 24–25, 61–62
same-sex partners, 54, 107, 160–161See also cohabitation.
V.M.A. v Stolichna obshtina, rayon ‘Pancharevo, 6–7, 34, 72, 109–110, 168, 255
family reunification rights, 175–177
free movement rights, 128–129
Valcheva case, 67
von der Leyen, Ursula, 261
family concept and the EU, 253–257
LGBTQI rights, 177, 243
Williams, Raymond, 40
women
discrimination in CJEU jurisprudence, 26–27
reconciliation of professional and family lives, 35–36
Work-Life Balance Directive (Directive 2019/1158), 35
same-sex couples
shared parental responsibility, 174–175, 179
Z v Government Department and the Board of Management of a Community School, 183, 185
Zambrano case, 7, 112–113, 116
Ziebell case, 82
ZZ v Secretary of State for the Home Department, 141, 146

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  • Index
  • Edited by Marja-Liisa Öberg, Lund University, Alina Tryfonidou, University of Cyprus
  • Book: The Family in EU Law
  • Online publication: 12 December 2024
  • Chapter DOI: https://doi.org/10.1017/9781009498838.022
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  • Index
  • Edited by Marja-Liisa Öberg, Lund University, Alina Tryfonidou, University of Cyprus
  • Book: The Family in EU Law
  • Online publication: 12 December 2024
  • Chapter DOI: https://doi.org/10.1017/9781009498838.022
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  • Index
  • Edited by Marja-Liisa Öberg, Lund University, Alina Tryfonidou, University of Cyprus
  • Book: The Family in EU Law
  • Online publication: 12 December 2024
  • Chapter DOI: https://doi.org/10.1017/9781009498838.022
Available formats
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