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Cover of: Der Einfluss der Unionsbürgerschaft auf das Internationale Familienrecht
Johanna Croon-Gestefeld

Der Einfluss der Unionsbürgerschaft auf das Internationale Familienrecht

[The Influence of EU Citizenship on International Family Law.]
Section: Essays
Volume 86 (2022) / Issue 1, pp. 32-64 (33)
Published 17.01.2022
DOI 10.1628/rabelsz-2022-0003
Published in German.
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  • Open Access
    CC BY 4.0
  • 10.1628/rabelsz-2022-0003
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Summary
The Influence of EU Citizenship on International Family Law. – European Union citizenship is a multifaceted concept. It vests a formal status in the citizens of member states and grants them individual rights. In addition, it symbolically affirms the ideal of integration. The different facets of EU citizenship are mirrored in the various ways in which the concept influences international family law. First, the rights connected to the status of EU citizenship shape the outcome of international family law cases. Second, art. 21 para. 2 TFEU bestows a competence on EU legislators to harmonize international family law. Third, EU citizenship is invoked to support the ideal of mobile citizens roaming freely within the EU, an ideal which for its part legitimizes habitual residence as a central connecting factor in EU international family law regulations.