Centro de Documentação da PJ
Monografia
 CD336 |
Fundamental Rights of third country nationals who are family members of EU citizens in the European Travel Information and Authorisation System [Recurso eletrónico] / João Mata Cruz.- [Metz] : [s.n.], 2023.- 1 CD-ROM ; 12 cm
Master thesis of European Legal Studies, European Institute of Public Administration/Université de Lorraine, under the supervision of Catherine Warin. Ficheiro de 532 KB em formato PDF (60 p.).
DIREITO INTERNACIONAL PÚBLICO, DIREITOS FUNDAMENTAIS, LIVRE CIRCULAÇÃO DE PESSOAS, SISTEMA DE INFORMAÇÃO, PROTECÇÃO E SEGURANÇA DE DADOS, UNIÃO EUROPEIA, TESE
Acknowledgements. Table of Contents. List of Abbreviations. Introduction. I - The evolution of Fundamental Rights in the European Union. A. Fundamental Rights before the EEC and the failed attempt to create the European Political Community and the European Defence Community. B. The deliberate (?) omission of Human Rights on the EEC and Euratom Treaties – from Rome to Maastricht. C. From the Single European Act to the Lisbon Treaty – the emergence of a Constitutional approach of Fundamental Rights in the EU? Summary of the findings. II - Most relevant Fundamental Rights of third country nationals who are family members of EU citizens in the context of EU’s external border crossing – primary and secondary sources of EU law. A. The concept EU citizens and their family members – who are they? B. Relevant Fundamental Rights of third country nationals who are family members of EU citizens in the context of EU’s external border crossing. 1. Freedom of Movement and Residence. 2. Right of Entry. 3. The Right to Family Life (Respect for Private and Family Life/Protection of personal data/Right to marry and to found a family). 4. Non-discrimination. C. Scope of application and limitations to Fundamental Rights. Summary of the findings. III - ETIAS creation, implementation, and conflicts with Fundamental Rights of third country nationals who are family member of EU citizens. A. ETIAS background and generic Fundamental Rights issues. 1. The external ‘inspiration’ for the creation of ETIAS. 2. The principle of Non-discrimination – risk of institutionalizing unlawful profiling? B. Third country nationals who are family members of EU citizens – main provisions and practical application of the ETIAS regulation. 1. The mandatory nature of ETIAS. Is the decision of Refusal of Entry under the ground of not possessing a travel authorization applicable to third country nationals who are family members of EU citizens? 2. Inexistence of a facilitated access to the travel authorization to EU family members: third country nationals that must be in possession of Visas vs Visa exempt third country nationals. 3. Carriers access to ETIAS – de facto refusal of entry in the EU by private companies? 4. The proportionality principle under ETIAS – the mandatory nature of a travel authorisation to third country nationals who are EU family members. Summary of the findings. Conclusion. Works Cited.