In: Rights of Third-Country Nationals under EU Association Agreements
Author: Daniel Thym

Abstract

Many experts of EU migration law deal with ECJ judgments on a regular basis, but they rarely reflect on how individual rulings on diverse themes such as asylum, family reunification or return relate to each other. This article fills that gap and presents a horizontal analysis of 155 judgments combining quantitative and qualitative findings. Our statistical survey shows that selected themes and references from certain countries dominate the ECJ’s activities. In qualitative terms, the article considers three overarching themes: the concept of public policy; the practice of statutory interpretation, including in light of objectives: the principle of proportionality and interaction with domestic courts. Our study shows that the search for cross-sectoral coherence defines much of the case law, although success of this venture is compromised by enduring inconsistencies, which complicate the emergence of a reliable and predictable judicial approach towards the interpretation of secondary legislation on migration.

In: European Journal of Migration and Law
Author: Daniel Thym

Integration policy instruments disclose how European societies define themselves in response to migration. Pre-departure civic integration tests are emblematic of a new focus on social cohesion and have been a bone of contention in political and academic circles. That is why the ecj’s long-awaited verdicts on Dutch integration requirements for spouses and long-term residents are a milestone in the construction of an EU immigration policy. This contribution critically analyses the rationale and implications of the P & S and K & A rulings at different levels starting with doctrinal ambiguities on the part of judges when interpreting secondary legislation. On this basis, it relates the outcome of both cases to the broader constitutional context in terms of human rights, the doctrine of individual statutory rights and non-discrimination guarantees – together with a contextual outlook on factors influencing the reorientation of integration policies.

In: European Journal of Migration and Law
In: Rights of Third-Country Nationals under EU Association Agreements
Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders.
The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
In: Rights of Third-Country Nationals under EU Association Agreements