Freedom of movement is one of the fundamental freedoms of the EU law and one of the most important rights arising from EU citizenship. The most important reasons for moving into another EU Member State are employment and work, while the most important question for a EU citizens who intend to move together with their family members is who is considered to be a family member according to the law of the host state. In case of rainbow families the answer to this question is far from simple. The article addresses this problem from the point of view of labor law and social security.
COBISS.SI-ID: 547071
Freedom of movement within the EU is one of the four main elements of the European integration and one of the key rights deriving from the EU citizenship. It is recognized under the same conditions to all EU citizens (and partly also to third-country nationals) and their family members, which includes rainbow families, i.e. families where parental roles are conducted by partners of the same sex. The EU law regulates freedom of movement in Article 21 of the Treaty on the Functioning of the European Union (TFEU) according to which "[e]very citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect." The provisions of Article 45, 49 and 56 TFEU further stipulate freedom of movement of workers, self-employed citizens and service providers who are EU citizens. The article analyzes how rainbow families fit within this legal framework and highlights potential legal problems in the process of recognition of their family ties.
COBISS.SI-ID: 14323537
Hate speech is a sociological term which does not yet have a legal definition, however it can undoubtedly be considered as a form of discrimination. In the Slovenian legal system only the most severe forms of hate speech which reach the level of public incitement to hatred, violence or intolerance, are prosecutable. The article deals with the background of incrimination of the most severe forms of hate speech, European Union and Council of Europe documents and case law of the European Court of Human Rights in this field. In the second part the article deals with the Slovenian legal regulation of hate speech, analyzes its development and implementation and highlights legal problems. The article was prepared for presentation at conference 1st days of Privacy Law and Freedom of Expression, Kranjska gora, 9-10 April 2015.
COBISS.SI-ID: 1066605