This chapter considers how living in a transnational context might affect the identity of children who are EU citizens and how EU law protects their identity against Member State measures that could threaten its integrity and cross-border continuity just because of the children’s transnational situation. The key question is whether, despite the lack of a specific competence, the EU legal framework provides effective protection for constitutive elements of children’s identity in transnational situations and, then, under which circumstances this legal framework applies to prevent national measures from jeopardising that identity.
Protecting EU Citizen Minors’ Right to Identity in the Transnational Family Context
Francesco Deana
2019-01-01
Abstract
This chapter considers how living in a transnational context might affect the identity of children who are EU citizens and how EU law protects their identity against Member State measures that could threaten its integrity and cross-border continuity just because of the children’s transnational situation. The key question is whether, despite the lack of a specific competence, the EU legal framework provides effective protection for constitutive elements of children’s identity in transnational situations and, then, under which circumstances this legal framework applies to prevent national measures from jeopardising that identity.File | Dimensione | Formato | |
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