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Cultural Rights of Third-Country Nationals in EU Law (eBook)

Anna Magdalena Kosinska, Adam Kunysz

ISBN13: 9783030301545

Published: January 2020

Publisher: Springer-Verlag

Country of Publication: Switzerland

Format: eBook (ePub)

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Cultural Rights of Third-Country Nationals in EU Law provides a complex analysis of the cultural rights of third-country nationals in European Union Law. Originally published in Polish and translated into English for the first time, this book examines EU migration policy and law from the perspective of cultural rights protection for migrants as a part of the overall system of human rights protection in the EU. In offering a careful analysis of these standards and their implementation mechanisms, Cultural Rights of Third-Country Nationals in EU Law will be of use to all researchers on EU law, especially in the areas of asylum law, migration law and the protection of the borders. It will also be useful to scholars and practitioners in the area of cultural policy.

Subjects:: EU Law, eBooks

Contents:: Chapter 1: Introduction; 1.1. Justification for undertaking research; 1.2. Research theses; 1.3. The scope of research; 1.4. Sources and literature; 1.5. Methodology; 1.6. Structure of the work; Chapter 2: Migration and Culture within the European Union Framework; 2.1. Introductory remarks; 2.2. Foreign nationals in the European Union - statistics and an attempt at interpretation; 2.3. European migration law - development and current challenges 2.3.1. Law on migration before the Treaty of Amsterdam 2.3.2. The creation and development of the Area of Freedom, Security and Justice 2.3.3. Migration crisis and the changes in European Union migration law; 2.4. Protection of fundamental rights in the legal order of the European Union 2.4.1. Shaping of the protection of fundamental rights in the European Union - a historical perspective 2.4.2. General principles of the functioning of the system for the protection of fundamental rights in the European Union 2.4.3. Significance of the European Convention on Human Rights for the EU system of protection 2.4.4. Charter of Fundamental Rights of the European Union; 2.5. Cultural rights in the system of the protection of fundamental rights in the European Union 2.5.1. Introductory remarks 2.5.2. Concept of cultural rights; 2.6. Culture in European Union law and the possibility of protection of cultural rights in the EU legal system 2.6.1. Preliminary observations2.6.2. Current regulatory framework with regard to culture in European Union law; 2.7. Concluding remarks; Chapter 3: Guarantees of the cultural rights of third-country nationals in European Union primary law; 3.1. Cultural rights of third-country nationals within the EU legal system - the question of the existence of the legal catalogue; 3.2. Cultural rights in the Charter of Fundamental Rights and the cultural rights of third-country nationals 3.2.1. Protection of cultural diversity 3.2.2. Freedom of the arts and sciences 3.2.3. Right to private and family life and the right to found a family in view of the cultural rights of third-country nationals 3.2.4. Freedom of religion and the cultural rights of third-country nationals; 3.3. Right to protection against the culture of the country of origin and the guaranteed scope of protection; 3.4. Conclusions; Chapter 4: Cultural rights of third-country nationals in the migration process - entry and return; 4.1. Introductory remarks; 4.2. Cultural rights of third-country nationals in view of the procedure of entry into the territory of the European Union 4.2.1. Guarantees of a cultural character in the Schengen Borders Code 4.2.2. Visa law and cultural entitlements of third-country nationals 4.2.3. Policy on family reunification 4.2.4. Case-law on family reunification 4.2.5. Right to family reunification of citizens of Turkey in the case-law of the CJEU; 4.3. Return policy and cultural rights of third-country nationals 4.3.1. Preliminary observations 4.3.2. Rights of a cultural character in the return procedure 4.3.3. Cultural rights and detention of migrants 4.3.4. Voluntary return and cultural rights 4.3.5. Undocumented migrants and the exercise of cultural rights in the "grey area"; 4.4. Conclusions; Chapter 5: Possibilities of protection and exercise of the cultural rights of third-country nationals within the framework of the Common European Asylum System; 5.1. Introductory remarks; 5.2. Eligibility of third-country nationals for international protection. Qualification provisions of a cultural nature; 5.3. Procedure for granting protection in view of third-country nationals' rights of a cultural nature; 5.4. Reception of persons seeking international protection in view of the possibility of protection of cultural rights; 5.5. Cultural rights guaranteed to the beneficiaries of international protection within the framework of the CEAS 5.5.1. Educational rights 5.5.2. Integration rights of the beneficiaries of international protection; 5.6. Question of the choice of the place of residence and cultural rights within the framework of the CEAS; 5.7. Other legal instruments impactful in the exercise of cultural rights by persons seeking international protection; 5.8. Conclusions; Chapter 6: Cultural rights of third-country nationals - regular migrants; 6.1. Introductory remarks; 6.2. Significance of the integration process for the exercise of cultural rights; 6.3. Cultural integration and its significance in political and strategic documents of the European Union; 6.4. Cultural rights with regard to third-country nationals' stay in the territory of the EU 6.4.1. Long-term residents 6.4.2. Cultural rights of other groups of third-country nationals legally residing in the territory of the EU 6.4.3. Cultural entitlements of members of families of EU citizens 6.4.4. Cultural rights of students and academics 6.4.4.1. Foreign students and their role in building academic culture in EU Member States 6.4.4.2. Right of third-country nationals to participate in the academic and cultural life; 6.5. Financial instruments facilitating the exercise of integrative cultural rights; 6.6. Conclusions; Chapter 7: Conclusion; 7.1. The scope of the guaranteed protection and the structure of the catalogue of the cultural rights of third-country nationals; 7.2. The basic features of the catalogue; 7.3. The limits of exercising cultural rights by third-country nationals; 7.4. The effectiveness of the activities of the Union in the area of strengthening the protection of cultural rights and the protection of European culture; 7.5. The essence of and significance of integrative cultural responsibilities; 7.6. The right to protection against the culture of the country of origin