Hierarchies of Privilege: Juxtaposing Family Reunification Rights, Integration Requirements, and Nationality in EU Law

Forthcoming in: Moritz Jesse (ed.), European Societies, Migration and the Law: The "Others" amongst "Us", (Cambridge University Press)

T.M.C. Asser Institute for International & European Law - Asser Research Paper Series 2019-05

23 Pages Posted: 6 Nov 2019 Last revised: 10 Nov 2019

Date Written: November 1, 2019

Abstract

This chapter focuses on EU laws and policies on family reunification in order to demonstrate how they create new ‘others’. The creation of Union citizenship disrupted the binary logic of ‘national’ and ‘foreigner’ in national immigration regulation even though, at first sight, it seemed to have recreated it at the EU level as the ‘EU citizen’ and ‘Third Country National’ (TCN). However, on a closer look, it becomes apparent that the new picture is much more complex, as a new hierarchy of statuses with different packages of rights has been created at the EU level for nationals, EU citizens and TCNs alike. This chapter compares and contrasts family reunification rights of Union citizens and TCNs granted under the Treaties, international agreements and secondary EU law and sheds light on the different degrees of ‘otherness’ and privilege created at EU level.

Keywords: family reunification, third country nationals, Union citizens, highly qualified, 'us/we v. them/others', (pre-departure) integration requirements, different degrees of ‘otherness’, family reunification directive

JEL Classification: K37

Suggested Citation

Idriz, Narin, Hierarchies of Privilege: Juxtaposing Family Reunification Rights, Integration Requirements, and Nationality in EU Law (November 1, 2019). Forthcoming in: Moritz Jesse (ed.), European Societies, Migration and the Law: The "Others" amongst "Us", (Cambridge University Press); T.M.C. Asser Institute for International & European Law - Asser Research Paper Series 2019-05. Available at SSRN: https://ssrn.com/abstract=3480386

Narin Idriz (Contact Author)

T.M.C. Asser Instituut ( email )

P.O. Box 30461
2500 GL The Hague, 2517JN
Netherlands

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