AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.

AUC Iuridica accepts contributions from any contributor on any current legal topic.

The journal is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries).

The journal is archived in Portico.

–––

We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUC IURIDICA, Vol 66 No 4 (2020), 85–93

The relevance of family status created abroad for the freedom of movement in the EU

[The relevance of family status created abroad for the freedom of movement in the EU]

Michael Bogdan

DOI: https://doi.org/10.14712/23366478.2020.33
published online: 16. 12. 2020

abstract

Article 21 TFEU gives EU citizens the right, subject to very few exceptions, to move and reside freely within the territory of the Member States, which are not allowed to obstruct the exercise of this right by imposing direct and indirect obstacles. An EU citizen might hesitate to move to another Member State if he/she could not be accompanied by his/her closest family members who are not EU citizens. Certain family members, such as a spouse or direct descendants, enjoy therefore a derived right of free movement pursuant to Directive 2004/38. This may give rise to complications when the family relationship in question is not recognized in the Member State to which the family wishes to move. This paper discusses two recent judgments where the CJEU had to deal with this issue, in particular regarding a same-sex marriage (Coman, C-673/16) and the adoption-like Islamic kafala (SM v. Entry Clearance Officer, C-129/18).

keywords: family members; freedom of movement; Islamic kafala; same-sex marriage; recognition of family status

Creative Commons License
The relevance of family status created abroad for the freedom of movement in the EU is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

Download