Strumia, F. orcid.org/0000-0002-0361-7327 (2019) The family in EU law after the SM ruling : variable geometry and conditional deference. European Papers, 4 (1). pp. 389-393. ISSN 2499-8249
Abstract
SM (Court of Justice, judgment of 26 March 2019, case C-129/18 [GC]) revolved around the possibility of embracing a child in guardianship under the Algerian kafala system within the EU law notion of “family member”. In the ruling, the Court opened the door to a “variable geometry” notion of family. To this extended notion of family, it tendered enhanced protection through resort to fundamental rights law. And relatedly it recognized only conditional deference to host Member States with regard to the treatment of relevant family members in the context of their immigration rules. Rather than offering a detailed analysis of the case, this Insight focuses on these three aspects of the judgment as the starting point for a reflection on the evolving treatment of the “family” in EU law.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2019 The Author. Published in European Papers. Uploaded in accordance with the publisher's self-archiving policy. Article available under the terms of the CC-BY-NC-ND licence (https://creativecommons.org/licenses/by-nc-nd/4.0/). |
Keywords: | family reunification; right to family life; citizenship of the Union; fundamental rights; free movement; immigration law |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 22 Mar 2021 08:18 |
Last Modified: | 22 Mar 2021 08:18 |
Status: | Published |
Publisher: | European Papers |
Refereed: | Yes |
Identification Number: | 10.15166/2499-8249/296 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:171773 |
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Filename: EP_EF_2019_I_013_Francesca_Strumia_00296.pdf
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