File #2664: "2019_Book_CulturalRightsOfThird-CountryN.pdf"
Text
1|Contents|6
1|Abbreviations|11
1|Chapter 1: Introduction|12
2|1.1 Justification for Undertaking Research|12
2|1.2 Research Theses|13
2|1.3 The Scope of Research|15
2|1.4 Sources and Literature|18
2|1.5 Methodology|20
2|1.6 Structure of the Work|21
1|Chapter 2: Migration and Culture Within the European Union Framework|24
2|2.1 Introductory Remarks|24
2|2.2 Foreign Nationals in the European Union: Statistics and an Attempt at Interpretation|27
2|2.3 European Migration Law: Development and Current Challenges|31
3|2.3.1 Law on Migration Before the Treaty of Amsterdam|31
3|2.3.2 The Creation and Development of the Area of Freedom, Security and Justice|33
3|2.3.3 Migration Crisis and the Changes in European Union Migration Law|42
2|2.4 Protection of Fundamental Rights in the Legal Order of the European Union|49
3|2.4.1 Shaping of the Protection of Fundamental Rights in the European Union: A Historical Perspective|49
3|2.4.2 General Principles of the Functioning of the System for the Protection of Fundamental Rights in the European Union|50
3|2.4.3 Significance of the European Convention on Human Rights for the EU System of Protection|56
3|2.4.4 Charter of Fundamental Rights of the European Union|59
2|2.5 Cultural Rights in the System of the Protection of Fundamental Rights in the European Union|64
3|2.5.1 Introductory Remarks|64
3|2.5.2 Concept of Cultural Rights|66
2|2.6 Culture in European Union Law and the Possibility of Protection of Cultural Rights in the EU Legal System|73
3|2.6.1 Preliminary Observations|73
3|2.6.2 Current Regulatory Framework with Regard to Culture in European Union Law|76
2|2.7 Concluding Remarks|83
1|Chapter 3: Guarantees of the Cultural Rights of Third-Country Nationals in European Union Primary Law|86
2|3.1 Cultural Rights of Third-Country Nationals Within the EU Legal System: The Question of the Existence of the Legal Catalogue|86
2|3.2 Cultural Rights in the Charter of Fundamental Rights and the Cultural Rights of Third-Country Nationals|89
3|3.2.1 Protection of Cultural Diversity|91
3|3.2.2 Freedom of the Arts and Sciences|94
3|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|96
3|3.2.4 Freedom of Religion and the Cultural Rights of Third-Country Nationals|101
2|3.3 Right to Protection Against the Culture of the Country of Origin and the Guaranteed Scope of Protection|119
2|3.4 Conclusions|129
1|Chapter 4: Cultural Rights of Third-Country Nationals in the Migration Process: Entry and Return|132
2|4.1 Introductory Remarks|132
2|4.2 Cultural Rights of Third-Country Nationals in View of the Procedure of Entry into the Territory of the European Union|133
3|4.2.1 Guarantees of a Cultural Character in the Schengen Borders Code|133
3|4.2.2 Visa Law and Cultural Entitlements of Third-Country Nationals|137
3|4.2.3 Policy on Family Reunification|142
3|4.2.4 Case-Law on Family Reunification|146
3|4.2.5 Right to Family Reunification of Citizens of Turkey in the Case-Law of the CJEU|153
2|4.3 Return Policy and Cultural Rights of Third-Country Nationals|160
3|4.3.1 Preliminary Observations|160
3|4.3.2 Rights of a Cultural Character in the Return Procedure|161
3|4.3.3 Cultural Rights and Detention of Migrants|164
3|4.3.4 Voluntary Return and Cultural Rights|172
3|4.3.5 Undocumented Migrants and the Exercise of Cultural Rights in the “Grey Area”|175
2|4.4 Conclusions|180
1|Chapter 5: Possibilities of Protection and Exercise of the Cultural Rights of Third-Country Nationals Within the Framework of the Common European Asylum System|183
2|5.1 Introductory Remarks|183
2|5.2 Eligibility of Third-Country Nationals for International Protection: Qualification Provisions of a Cultural Nature|186
2|5.3 Procedure for Granting Protection in View of Third-Country Nationals’ Rights of a Cultural Nature|192
2|5.4 Reception of Persons Seeking International Protection in View of the Possibility of Protection of Cultural Rights|197
2|5.5 Cultural Rights Guaranteed to the Beneficiaries of International Protection Within the Framework of the CEAS|202
3|5.5.1 Educational Rights|203
3|5.5.2 Integration Rights of the Beneficiaries of International Protection|205
2|5.6 Question of the Choice of the Place of Residence and Cultural Rights Within the Framework of the CEAS|209
2|5.7 Other Legal Instruments Impactful in the Exercise of Cultural Rights by Persons Seeking International Protection|215
2|5.8 Conclusions|218
1|Chapter 6: Cultural Rights of Third-Country Nationals: Regular Migrants|221
2|6.1 Introductory Remarks|221
2|6.2 Significance of the Integration Process for the Exercise of Cultural Rights|223
2|6.3 Cultural Integration and Its Significance in Political and Strategic Documents of the European Union|227
2|6.4 Cultural Rights with Regard to Third-Country Nationals’ Stay in the Territory of the EU|236
3|6.4.1 Long-Term Residents|236
3|6.4.2 Cultural Rights of Other Groups of Third-Country Nationals Legally Residing in the Territory of the EU|249
3|6.4.3 Cultural Entitlements of Members of Families of EU Citizens|251
3|6.4.4 Cultural Rights of Students and Academics|254
4|6.4.4.1 Foreign Students and Their Role in Building Academic Culture in EU Member States|256
4|6.4.4.2 Right of Third-Country Nationals to Participate in the Academic and Cultural Life|258
2|6.5 Financial Instruments Facilitating the Exercise of Integrative Cultural Rights|263
2|6.6 Conclusions|269
1|Chapter 7: Conclusion|272
2|7.1 The Scope of the Guaranteed Protection and the Structure of the Catalogue of the Cultural Rights of Third-Country Nationals|273
2|7.2 The Basic Features of the Catalogue|277
2|7.3 The Limits of Exercising Cultural Rights by Third-Country Nationals|278
2|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|280
2|7.5 The Essence and Significance of Integrative Cultural Responsibilities|281
2|7.6 The Right to Protection Against the Culture of the Country of Origin|282
1|Selected Bibliography|285
1|Index|294
1|Abbreviations|11
1|Chapter 1: Introduction|12
2|1.1 Justification for Undertaking Research|12
2|1.2 Research Theses|13
2|1.3 The Scope of Research|15
2|1.4 Sources and Literature|18
2|1.5 Methodology|20
2|1.6 Structure of the Work|21
1|Chapter 2: Migration and Culture Within the European Union Framework|24
2|2.1 Introductory Remarks|24
2|2.2 Foreign Nationals in the European Union: Statistics and an Attempt at Interpretation|27
2|2.3 European Migration Law: Development and Current Challenges|31
3|2.3.1 Law on Migration Before the Treaty of Amsterdam|31
3|2.3.2 The Creation and Development of the Area of Freedom, Security and Justice|33
3|2.3.3 Migration Crisis and the Changes in European Union Migration Law|42
2|2.4 Protection of Fundamental Rights in the Legal Order of the European Union|49
3|2.4.1 Shaping of the Protection of Fundamental Rights in the European Union: A Historical Perspective|49
3|2.4.2 General Principles of the Functioning of the System for the Protection of Fundamental Rights in the European Union|50
3|2.4.3 Significance of the European Convention on Human Rights for the EU System of Protection|56
3|2.4.4 Charter of Fundamental Rights of the European Union|59
2|2.5 Cultural Rights in the System of the Protection of Fundamental Rights in the European Union|64
3|2.5.1 Introductory Remarks|64
3|2.5.2 Concept of Cultural Rights|66
2|2.6 Culture in European Union Law and the Possibility of Protection of Cultural Rights in the EU Legal System|73
3|2.6.1 Preliminary Observations|73
3|2.6.2 Current Regulatory Framework with Regard to Culture in European Union Law|76
2|2.7 Concluding Remarks|83
1|Chapter 3: Guarantees of the Cultural Rights of Third-Country Nationals in European Union Primary Law|86
2|3.1 Cultural Rights of Third-Country Nationals Within the EU Legal System: The Question of the Existence of the Legal Catalogue|86
2|3.2 Cultural Rights in the Charter of Fundamental Rights and the Cultural Rights of Third-Country Nationals|89
3|3.2.1 Protection of Cultural Diversity|91
3|3.2.2 Freedom of the Arts and Sciences|94
3|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|96
3|3.2.4 Freedom of Religion and the Cultural Rights of Third-Country Nationals|101
2|3.3 Right to Protection Against the Culture of the Country of Origin and the Guaranteed Scope of Protection|119
2|3.4 Conclusions|129
1|Chapter 4: Cultural Rights of Third-Country Nationals in the Migration Process: Entry and Return|132
2|4.1 Introductory Remarks|132
2|4.2 Cultural Rights of Third-Country Nationals in View of the Procedure of Entry into the Territory of the European Union|133
3|4.2.1 Guarantees of a Cultural Character in the Schengen Borders Code|133
3|4.2.2 Visa Law and Cultural Entitlements of Third-Country Nationals|137
3|4.2.3 Policy on Family Reunification|142
3|4.2.4 Case-Law on Family Reunification|146
3|4.2.5 Right to Family Reunification of Citizens of Turkey in the Case-Law of the CJEU|153
2|4.3 Return Policy and Cultural Rights of Third-Country Nationals|160
3|4.3.1 Preliminary Observations|160
3|4.3.2 Rights of a Cultural Character in the Return Procedure|161
3|4.3.3 Cultural Rights and Detention of Migrants|164
3|4.3.4 Voluntary Return and Cultural Rights|172
3|4.3.5 Undocumented Migrants and the Exercise of Cultural Rights in the “Grey Area”|175
2|4.4 Conclusions|180
1|Chapter 5: Possibilities of Protection and Exercise of the Cultural Rights of Third-Country Nationals Within the Framework of the Common European Asylum System|183
2|5.1 Introductory Remarks|183
2|5.2 Eligibility of Third-Country Nationals for International Protection: Qualification Provisions of a Cultural Nature|186
2|5.3 Procedure for Granting Protection in View of Third-Country Nationals’ Rights of a Cultural Nature|192
2|5.4 Reception of Persons Seeking International Protection in View of the Possibility of Protection of Cultural Rights|197
2|5.5 Cultural Rights Guaranteed to the Beneficiaries of International Protection Within the Framework of the CEAS|202
3|5.5.1 Educational Rights|203
3|5.5.2 Integration Rights of the Beneficiaries of International Protection|205
2|5.6 Question of the Choice of the Place of Residence and Cultural Rights Within the Framework of the CEAS|209
2|5.7 Other Legal Instruments Impactful in the Exercise of Cultural Rights by Persons Seeking International Protection|215
2|5.8 Conclusions|218
1|Chapter 6: Cultural Rights of Third-Country Nationals: Regular Migrants|221
2|6.1 Introductory Remarks|221
2|6.2 Significance of the Integration Process for the Exercise of Cultural Rights|223
2|6.3 Cultural Integration and Its Significance in Political and Strategic Documents of the European Union|227
2|6.4 Cultural Rights with Regard to Third-Country Nationals’ Stay in the Territory of the EU|236
3|6.4.1 Long-Term Residents|236
3|6.4.2 Cultural Rights of Other Groups of Third-Country Nationals Legally Residing in the Territory of the EU|249
3|6.4.3 Cultural Entitlements of Members of Families of EU Citizens|251
3|6.4.4 Cultural Rights of Students and Academics|254
4|6.4.4.1 Foreign Students and Their Role in Building Academic Culture in EU Member States|256
4|6.4.4.2 Right of Third-Country Nationals to Participate in the Academic and Cultural Life|258
2|6.5 Financial Instruments Facilitating the Exercise of Integrative Cultural Rights|263
2|6.6 Conclusions|269
1|Chapter 7: Conclusion|272
2|7.1 The Scope of the Guaranteed Protection and the Structure of the Catalogue of the Cultural Rights of Third-Country Nationals|273
2|7.2 The Basic Features of the Catalogue|277
2|7.3 The Limits of Exercising Cultural Rights by Third-Country Nationals|278
2|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|280
2|7.5 The Essence and Significance of Integrative Cultural Responsibilities|281
2|7.6 The Right to Protection Against the Culture of the Country of Origin|282
1|Selected Bibliography|285
1|Index|294