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Temporary residence permit for partners of EU citizens
Nováková, Kristina ; Kryska, David (referee)
Temporary residence permit for partners of EU citizens This thesis is focused on the administrative proceedings on the application for the granting of the temporary residence permit for the partners of EU citizens being considered as their family members. This paper analyses two statutory substantive conditions (permanent partner relationship (common-law marriage) that is not a marriage and cohabitation in a common household) and one procedural condition (the burden of proof lays primarily upon the applicant), which need to be fulfilled cumulatively in order to be able to consider a partner of an EU citizen as a family member of an EU citizen and so more favourable treatment stated in the Directive 2004/38/ES can be applied. I have found that a common-law marriage shall be an analogy of the marriage in terms of its nature and intensity; its permanency is especially a question of quantity, i.e. length of its duration, however it shall not be the only aspect, it is also needed to take into consideration the quality of the relationship, which can rest for example in a common obligation. Not only common past is therefore decisive, but also the planned common future. Cohabitation in a common household can be defined as an in advance not time limited cohabitation of a common-law wife and husband who...
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Temporary residence permit for partners of EU citizens
Nováková, Kristina ; Kryska, David (advisor) ; Vedral, Josef (referee)
Temporary residence permit for partners of EU citizens Abstract This thesis is focused on the administrative proceedings on the application for the granting of the temporary residence permit for the partners of EU citizens being considered as their family members. This paper analyses two statutory substantive conditions (permanent partner relationship (common-law marriage) that is not a marriage and cohabitation in a common household) and one procedural condition (the burden of proof lays primarily upon the applicant), which need to be fulfilled c umulatively i n o rder t o b e a ble to consider a partner of an EU citizen as a family member of an EU citizen and so more favourable treatment stated in the Directive 2004/38/ES can be applied. I have found that a common-law marriage shall be an analogy of the marriage in terms of its nature and intensity; its permanency is especially a question of quantity, i.e. length of its duration, however it shall not be the only aspect, it is also needed to take into consideration the quality of the relationship, which can rest for example in a common obligation. Not only common past is therefore decisive, but also the planned common future. Cohabitation in a common household can be defined a s a n i n a dvance n ot t ime l imited c ohabitation of a common-law wife and...
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The Concept of Worker in the European Law
Kunertová, Tereza ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Štefko, Martin (referee)
The author in its Dissertation thesis deals with the concept of worker under the free movement rights in EU law. Following the introduction, the thesis itself focuses on the positive and negative delimitation of the concept. One of the core chapters of the "positive part" tries to find an answer on the research question whether any "Keck-like" principle exists as a criterion for defining obstacles to the free movement of workers. The aim of the chapter is to find an answer what shall be subsumed under the obstacles to free movement of workers and what are Member States left with to regulate freely on their territories. In regard with the negative delimitation of the concept, the author deals with the diversion between workers and non-economically active citizens of the EU. The core chapter deals with the growing tendency of Union citizens to move to the host Member States to study while retaining the status of a worker.
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Czech migration law within the context of EU law
Andraščíková, Jana ; Scheu, Harald Christian (advisor) ; Honusková, Věra (referee)
The goal of this diploma thesis is to define, analyze and evaluate the most relevant areas related to the topic of European migration law and politics. Although the subject is quite broad, I try to focus on legal migration. Free movement of EU citizens could not be left out, however I concentrate mainly on position of migrating three country nationals within the EU. I compare the Czech legal system against the European legal system. The thesis has been divided into four chapters, which are further subdivided. In the first chapter the thesis brings a brief definition of the concept of migration in general, including a chronological historical excursion of the European norms connected to the migration law and a description of migration law, politics and the necessity of a suitable integration approach. The second chapter is devoted to create a characterization of the European migration legislation, competences in the field and a definition of fundamental human rights standards. This section also deals with theoretical and practical issues of European citizenship and the associated right of free movement. The third chapter is dedicated to legal issues of migration of third country nationals. From common regulation of borders, protection and criteria of entry, I move to analyze set of rights and...
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