Aspects of Compatibility of Substantive EU Immigration Acquis with International and European Human Rights Law
SECURITY VERSUS FREEDOM? A CHALLENGE FOR EUROPE'S FUTURE, pp. 77-85, T. Balzacq, S. Carrera, eds., Ashgate, 2006
9 Pages Posted: 27 Oct 2011 Last revised: 4 Feb 2015
Date Written: June 5, 2005
The paper focuses on the two EU Directives on family reunification (2003/86/EC) and on the long-term resident third country nationals (2003/109/EC). It shows the existence of a number of serious divergences between some of the current substantive EU immigration legislation and international and European human rights law. This gap indicates, at the same time, a regrettably grave discrepancy between Euro-Constitutional and Directive preambular declarations, and the politico-legal reality currently reigning in the EU, which is rather inspired by the raison d’état way of thinking and policy making.
Keywords: EU, immigration, directives, family reunification, long-term residents, European human rights law, international human rights law, constitution, charter of fundamental rights
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