Journal Article

FAMILY LIFE AND THE FREEDOM OF MOVEMENT OF WORKERS IN THE EUROPEAN UNION

KARIN LUNDSTRÖM

in International Journal of Law, Policy and the Family

Volume 10, issue 3, pages 250-280
Published in print December 1996 | ISSN: 1360-9939
Published online December 1996 | e-ISSN: 1464-3707 | DOI: https://dx.doi.org/10.1093/lawfam/10.3.250
FAMILY LIFE AND THE FREEDOM OF MOVEMENT OF WORKERS IN THE EUROPEAN UNION

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Regulation 1612/68 on the freedom of movement of workers within the European Union has not been modernized. The relationships of heterosexual or homosexual cohabitees are not mentioned. The definitions of ‘spouse’ and the Reed case leave many questions unsolved. The mobility of the EC-worker and his family is therefore dependent upon Community Law in combination with national law. Immigration law concerning EC-workers who move between the Member States is, however, an EC competence. It is consequently the task of the EC to ensure human rights within that sphere. When relationships fall under the definition of family life according to Article 8 of the European Convention on Human Rights it is the duty of the Community organs to provide legislation that respect that family life. This duty may be termed a negative obligation as well as a positive one. The deportation of a non-working cohabitee of an EC-worker is an active interference in the family life of the partners. The risk of deportation which cohabitees face (especially, but not only if one of them is not an EU-citizen) arises from the interaction of legal systems within the Union. The EC organs have failed to provide laws or interpretations enabling families of any constellation protected under Article 8 to move together with an EC-worker to any Member State.

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Subjects: Family Law ; Marriage and the Family

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