Family Reunification – The ECJ and ECHR Approach

Abstract

A complex process based on the citizens’ right to free movement, family reunification concerns the family members’ right of entry and residence on the territory of the EU Member States, under the conditions imposed by states. Although the concept and particular regulations are specific to the EU, within the Council of Europe this issue is addressed in light of the European Convention on Human Rights regarding the right to private and family life, but also in light of general international law regarding the right of the states to control foreigners’ access and residence on their territories. Faced with numerous cases, the courts of the two organizations are looking for just answers. This paper aims to highlight, on the one hand, the specific aspects of family reunification emerging from the case law of the European Court of Justice and the current (sometimes controversial) trends in solving these cases and, on the other hand, the solutions of the European Court of Human Rights. To this end we analyze the EU normative developments on reunification, the concept of family and its evolution and the binding role of human rights in this field.

Keywords: family reunification, free movement, primary carer concept, European Human Rights Law

JEL Classification: K33