Developments in family reunification cases before the CJEU

Authors

  • Réka Friedery Institute for Legal Studies, Centre for Social Sciences, Centre of Research Excellence, Hungarian Academy of Sciences

DOI:

https://doi.org/10.46282/blr.2019.3.2.142

Keywords:

family life, Charter of Fundamental Rights, Family Reunification Directive, CJEU, thirdcountry national, EU law, family law

Abstract

Family reunification is defined by primary and secondary EU law and by the case law of the CJEU. The cornerstones are the Charter of Fundamental Rights encompasses the principle of the respect of family life and the fundamental European standards for family reunification of third-state nationals are based in the Council Directive on the Right to Family Reunification. The EU directive explicitly confirms among others that family reunification is a necessary way of making family life possible. The article analyses the way the jurisdiction of the CJEU widens the notion of family reunification and how it offers more realistic picture for the growing importance of family reunification.

References

TÖTTŐS, Á. Family reunification rules in the European Union and Hungary. [online]. Available at < https://migrationtothecentre.migrationonline.cz/en/family-reunification-rules-in-the-europeanunion-and-hungary> [q. 2019-02-30].

BASCHERINI, G. Immigrants’ Family Life in the Rulings of the European Supranational Courts. In Repetto (ed.): The Constitutional relevance of the ECHR in domestic and European Law. Cambridge-Antwerp-Poland: Intersentia, 2013, p. 189 [online]. Available at <http://www.academia.edu/9853311/Immigrants_Family_Life_in_the_Rulings_of_the_European_Supranational_Courts> [q. 2019-02-20].

PEERS, S. Integration Requirements for family reunion: the CJEU limits Member States’ discretion. [online]. Available at <http://eulawanalysis.blogspot.hu/2015/07/integration-requirements-for-family.html>.

ALSTON, P., GILMOUR-WALSH. B. The Best Interest of the Child. Towards a Synthesis of Children’s Rights and Cultural Values. Innocenti Studies, UNICEF, 1996. 1. [online]. Available at <https://www.unicef-irc.org/publications/108-the-best-interests-of-the-child-towards-a-synthesis-of-childrens-rights-and-cultural.html

Family Reunification of TCNs in the EU: National Practices. Common Template of EMN Focussed Study 2016 Final version: 16th September 2016.

International Committee of the Red Cross Central Tracing Agency and Protection Division: Inter-Agency Guiding Principles on unaccompanied and separated children, (2004), 13. [online]. Available at <http://www.unicef.org/violencestudy/pdf/IAG_UASCs.pdf>

Berneri, Ch. When is the family member of an EU Citizen ‘dependent’ on that citizen? EU Law Analysis Blog, 19 January 2014. [online]. Available at <http://eulawanalysis.blogspot.com/2014/01/when-is-family-member-of-eu-citizen.html> [q. 2019-02-20].

Committee on the Rights of the Child: General Comment No. 6 (2005) Treatment of Unaccompanied and Separated Children Outside their Country of Origin, 9. [online]. Available at <http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G05/438/05/PDF/G0543805.pdf?OpenElement>

EMN Synthesis Report for the EMN Focussed Study 2016 Family Reunification of Third -Country Nationals in the EU plus Norway: National Practices, Migrapol EMN [Doc 382] April 2017, 19.

Downloads

Published

31-12-2019

Issue

Section

Studies

Categories

How to Cite

Developments in family reunification cases before the CJEU. (2019). Bratislava Law Review, 3(2), 6-17. https://doi.org/10.46282/blr.2019.3.2.142

Similar Articles

1-10 of 210

You may also start an advanced similarity search for this article.