THE RIGHT TO FREEDOM OF MOVEMENT FOR SPOUSES AND REGISTERED PARTNERS IN THE EUROPEAN UNION

The problems of rights regarding free movement for spouses and registered partners are analysed in the context of the possible limits which can be imposed by the provisions of national law. After a brief analysis of the general grounds for imposing limits on these rights, it is stated that the imple...

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Main Author: Eglė Kurelaitytė
Format: Article
Language:English
Published: Mykolas Romeris University 2021-08-01
Series:Jurisprudencija
Subjects:
eu
Online Access:https://ojs.mruni.eu/ojs/jurisprudence/article/view/6618
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spelling doaj-d905568b05b74fb79694fb4f862306912021-08-12T12:22:56ZengMykolas Romeris UniversityJurisprudencija 1392-61952029-20582021-08-0128110.13165/JUR-21-28-1-09THE RIGHT TO FREEDOM OF MOVEMENT FOR SPOUSES AND REGISTERED PARTNERS IN THE EUROPEAN UNIONEglė KurelaitytėThe problems of rights regarding free movement for spouses and registered partners are analysed in the context of the possible limits which can be imposed by the provisions of national law. After a brief analysis of the general grounds for imposing limits on these rights, it is stated that the implementation of the internal market and the growing importance of the provisions of European Union citizenship in the jurisprudence of the European Court of Justice mean less discretion for national law provisions to interrupt the enforcement of these rights. Consequently, in EU law the grounds for limiting rights to free movement for spouses are constructed narrowly, resulting in all spouses having equal rights to free movement even in national legal systems which have no provisions on same-sex marriages (or even Constitutional limits, as in the case of Lithuania). The implementation of rights to free movement for registered partners is more problematic, despite the somewhat narrow discretion of the state in this field. Even though there are two types of legal regime for registered partners, in all cases national laws have narrow discretion to impose limits on them. It is argued that partners have a right to family reunification while implementing Directive 2004/38 in Lithuania with accordance to recent developments in the constitutional doctrine.https://ojs.mruni.eu/ojs/jurisprudence/article/view/6618free movementspouseregistered partnereudirective 2004/38/ec
collection DOAJ
language English
format Article
sources DOAJ
author Eglė Kurelaitytė
spellingShingle Eglė Kurelaitytė
THE RIGHT TO FREEDOM OF MOVEMENT FOR SPOUSES AND REGISTERED PARTNERS IN THE EUROPEAN UNION
Jurisprudencija
free movement
spouse
registered partner
eu
directive 2004/38/ec
author_facet Eglė Kurelaitytė
author_sort Eglė Kurelaitytė
title THE RIGHT TO FREEDOM OF MOVEMENT FOR SPOUSES AND REGISTERED PARTNERS IN THE EUROPEAN UNION
title_short THE RIGHT TO FREEDOM OF MOVEMENT FOR SPOUSES AND REGISTERED PARTNERS IN THE EUROPEAN UNION
title_full THE RIGHT TO FREEDOM OF MOVEMENT FOR SPOUSES AND REGISTERED PARTNERS IN THE EUROPEAN UNION
title_fullStr THE RIGHT TO FREEDOM OF MOVEMENT FOR SPOUSES AND REGISTERED PARTNERS IN THE EUROPEAN UNION
title_full_unstemmed THE RIGHT TO FREEDOM OF MOVEMENT FOR SPOUSES AND REGISTERED PARTNERS IN THE EUROPEAN UNION
title_sort right to freedom of movement for spouses and registered partners in the european union
publisher Mykolas Romeris University
series Jurisprudencija
issn 1392-6195
2029-2058
publishDate 2021-08-01
description The problems of rights regarding free movement for spouses and registered partners are analysed in the context of the possible limits which can be imposed by the provisions of national law. After a brief analysis of the general grounds for imposing limits on these rights, it is stated that the implementation of the internal market and the growing importance of the provisions of European Union citizenship in the jurisprudence of the European Court of Justice mean less discretion for national law provisions to interrupt the enforcement of these rights. Consequently, in EU law the grounds for limiting rights to free movement for spouses are constructed narrowly, resulting in all spouses having equal rights to free movement even in national legal systems which have no provisions on same-sex marriages (or even Constitutional limits, as in the case of Lithuania). The implementation of rights to free movement for registered partners is more problematic, despite the somewhat narrow discretion of the state in this field. Even though there are two types of legal regime for registered partners, in all cases national laws have narrow discretion to impose limits on them. It is argued that partners have a right to family reunification while implementing Directive 2004/38 in Lithuania with accordance to recent developments in the constitutional doctrine.
topic free movement
spouse
registered partner
eu
directive 2004/38/ec
url https://ojs.mruni.eu/ojs/jurisprudence/article/view/6618
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