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Betty de Hart


This article looks at the extent and way in which the European Court of Human Rights takes the interests of insider spouses (citizens or permanent residents) into account in Article 8 ECHR cases (right to family life). It uses Caren's three moral principles for family reunification policies as an analysing tool for the evaluation of the Court's first admission and expulsion cases, and looks at the underlying notions of gender and ethnicity. The author concludes that insiders' interests play only a marginal role in the case law and offers several explanations. Although the Court has acknowledged that family reunification is about insiders, it has not taken the consequences of such a position into account. It does not look at the ties of the insider spouse to his or her country of citizenship or residence. It sees the relationships of insider women with migrant partners as a more serious threat to restrictive immigration policies than relationships of insider men with migrant women. Furthermore, the Court thinks of nation-states as closed units to which migrants may be admitted as an exception to the rule, and does not acknowledge that insiders develop family relations with outsiders either within or outside the nation-state.

Anne Staver

life is widely accepted, but family reunification — in effect the freedom of family members to join each other across borders — is contested between individual interests in living with family members and state prerogatives to control borders. The European project of equal citizenship and free movement

Torsten Heinemann, Ursula Naue and Anna-Maria Tapaninen

1. Introduction Since the 1990s, many countries around the world have begun to use DNA analysis to establish biological relatedness in family reunification cases. In general, family reunification refers to the right of citizens or holders of a long-term residence permit in a given country to

Family Reunification between Static EU Citizens and Third Country Nationals

A Practical Way to Help Families Caught in the Current Immigration Crisis

Chiara Berneri

suggested. Family reunification was not included among these alternative paths, with the Commission simply urging Member States to recur as much as possible to this kind of national initiatives. 14 Practically speaking, the EU encouraged Member States to rely on national measures focused on the application

Mark Klaassen and Peter Rodrigues

’s rights. 1 In eu law it has been codified in Article 24(2) Charter of Fundamental Rights of the European Union (Charter). Within European family reunification law, the best interests of the child concept is often invoked 2 and is referred to in both legislation and case law. 3 Most notably it was

Peter Van Elsuwege, Peter Van Elsuwege and Dimitry Kochenov

1. Introduction The right to family reunification is an essential part of EU law. From the early days onwards, it has been recognised that the granting of rights to third country family members of a migrant Member State national is of crucial importance to ensure the effet utile of the

Heli Askola

migration in later life, focusing on the impact of family reunification policies on older people who (are seeking to) migrate in order to join their adult children who have previously moved abroad, typically at least in part so that said children can provide care and support to their ageing parents. As many

Georgios Milios

1 Introduction The family reunification Directive 1 has been criticised 2 for being controversial and particularly strict towards immigrants as well as for containing several derogations which render the right to family reunification in same cases difficult to exercise. The provisions of

Julien Hardy

promoting family reunification. 11 The question has even been raised whether it was not falling short of securing a right to family reunification at all. 12 What could then have led the Court to this statement? Astonishingly enough, there is no clue in the decision itself, nor in Attorney


European Journal of Migration and Law 3: 61–71, 2001. © 2001 Kluwer Law International. Printed in the Netherlands. 61 Directive on Family Reunification: Are the Dilemmas Resolved? PIETER BOELES 1. Introduction On 1 December, 1999, the European Commission issued a proposal for a Council