Juridisk Institut

National Law Restrictions on Family Reunification Rights of International Protection Beneficiaries from a ECHR/EU Perspective

Publikation: KonferencebidragPaperForskning

n light of the refugee crisis, European countries are exploring new ways to restrict access of migrants to their territory. One such restriction relates to family reunification rights of international protection beneficiaries. Proposals in this area have already been adopted or are currently being considered in countries such as Norway, Denmark, Sweden, Austria and Germany most commonly in the form of waiting periods before applications for family reunification can be submitted and/or age requirements. The personal scope of these proposals differs. In some countries the restrictions apply/are intended to apply to international beneficiaries in general while they in other countries are applicable/envisaged applicable only to persons with subsidiary protection status or persons fleeing from generalised violence. The intention of the paper is to examine whether this legislative trend is in conformity with the European Convention on Human Rights (ECHR) and EU law standards. It will fall in two main parts: firstly, key judgments of the European Court of Human Rights concerning Article 8 ECHR and Article 14 ECHR are examined with a view to deducing the ECtHR’s stance on family reunification rights of persons holding international protection. In the second part, focus will be on EU law and the question of whether, and if so to what extent, international protection beneficiaries can derive family reunification rights from primary and secondary Union law sources, in particular the EU Charter on Fundamental Rights, the Family Reunification Directive (Directive 2003/86/EC) and the Qualification Directive (Directive 2011/95/EU). In addition to summarising the main conclusions made as regards the ECHR and EU law, the final remarks elaborate on how the fact that these two legal regimes overlap impacts on the overall protection standard in this area.
Udgivelsesårokt. 2016
Antal sider23
StatusUdgivet - okt. 2016
BegivenhedLegislation and the Role of the Judiciary: Society of Legal Scholars Annual Conference 2016 - University of Oxford, Oxford, Storbritannien
Varighed: 6 sep. 20169 sep. 2016


KonferenceLegislation and the Role of the Judiciary
LokationUniversity of Oxford

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