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<p>This contribution analyses how the Ruiz Zambrano doctrine and the genuine enjoyment test have developed in the case law and gives its views on the reasons for the increasing role of the Charter and the silence on the ECHR. It suggests that one reason for the Court’s reluctance to refer to the ECtHR and its case law as well as its unwillingness to use the ECHR when assessing the application of EU law can be seen as a consequence of the problematic development of the ECtHR case law.</p>
</abstract>

This contribution analyses how the Ruiz Zambrano doctrine and the genuine enjoyment test have developed in the case law and gives its views on the reasons for the increasing role of the Charter and the silence on the ECHR. It suggests that one reason for the Court’s reluctance to refer to the ECtHR and its case law as well as its unwillingness to use the ECHR when assessing the application of EU law can be seen as a consequence of the problematic development of the ECtHR case law.

The increasing role of the Charter when establishing the ‘genuine enjoyment’ test for static EU citizens – A result of the ECHR’s shortcomings?

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

This contribution analyses how the Ruiz Zambrano doctrine and the genuine enjoyment test have developed in the case law and gives its views on the reasons for...

The increasing role of the Charter when establishing the ‘genuine enjoyment’ test for static EU citizens – A result of the ECHR’s shortcomings?

Published Online: Mar 01, 2023

Page range: 121 - 138

DOI: https://doi.org/10.2478/iclr-2022-0018

Keywords
Family life, EU law, Article 20 TFEU, Article 51 of the Charter, family reunification

© 2022 Jennie Edlund et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The increasing role of the Charter when establishing the ‘genuine enjoyment’ test for static EU citizens – A result of the ECHR’s shortcomings?

Published Online: Mar 01, 2023

Page range: 121 - 138

DOI: https://doi.org/10.2478/iclr-2022-0018

KeywordsFamily life, EU law, Article 20 TFEU, Article 51 of the Charter, family reunification

© 2022 Jennie Edlund et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Family life, EU law, Article 20 TFEU, Article 51 of the Charter, family reunification