Search Results

Restricted Access

Kees Groenendijk

Restricted Access

Kees Groenendijk

Restricted Access

Kees Groenendijk

Abstract

Several States require immigrants from outside the EU to participate in language or integration courses after arrival. In recent years, some EU Member States made passing a language test (Netherlands and Germany) or participating in a language course (France) a condition for a visa for family reunification for immigrants from certain third countries. Denmark and the UK introduced a similar requirement in 2010. The focus of his article is on three aspects: the political debate, the legal constraints and the effects. Firstly, the development of the pre-departure integration strategies is analyzed. What was the rationale behind the introduction and does is vary between Member States? Secondly, the legal constraints of EU and international law are discussed. Finally, the results of the first studies evaluating this policy instrument are presented. Is pre-departure a good predictor for immigrant’s ability to integrate? Does it actually assist integration, and what are the unexpected or counterproductive effects?

Restricted Access

Kees Groenendijk

Union law on migration of persons developed over decades and inevitably in a patchwork way. The focus of this article is on the relative role of the Union legislator and the Court of Justice in that development. It is argued that eu migration law consists of three main elements (rules on free movement of Union citizens, rules in agreements with third countries and the new migration and asylum instruments adopted after 1999) and that the Court of Justice deals with those elements not as separate or isolated categories but as closely related sets of rules in real life and in law.

Restricted Access

Kees Groenendijk

Restricted Access

Edited by Kees Groenendijk, Elspeth Guild and Paul Minderhoud

Borders define territories within which identities and order are described and delineated. The triptych of indentities, borders and orders is central to understanding the nature of sovereignty and the relations between countries. Nowhere is this more apparent than in the European Union. The changing definition and placement of the border is one of the most striking features of the recent transformations of the Union. The definition of what a border is and where it is for persons has moved out of the territory of national sovereignty and has become the preserve in law of the European Community. The enlargement of the European Union towards the countries of Central and Eastern Europe has created new challenges for the concept of borders in the EU. This volume examines the extent of the Community power and the legal meaning of the EU's borders, as well as the ways to control (or not) the movement of persons across borders. It considers the legal texts - EC law on visas, the Regulations on visas, the meaning of borders for persons in Community Law, the Schengen acquis and its incorporation into the EC Treaty (and where appropriate the TEU); national practice and its transformation with the insertion of the private sector's responsibility for the control of borders and judicial control. The point of departure is the perspective of the individual who is seeking to cross these borders.