Santoro, Daniele and Cavasola, Silvia (2017) Should european countries refuse entrance to migrants that do not speak their language? A case for the right to family life. Working Paper. IRPPS-CNR, Roma.
|
Text
Dovrebbero i paesi europei rifiutare l'ingresso agli immigrati.pdf - Published Version Download (245kB) | Preview |
Abstract
This article analyses the recent case of an ECJ ruling concerning Member States’ possibility to require third county nationals (TCNs) to pass a civic integration examination prior to family reunification. Following a description of the content of the right to family life for non-EU citizens residing in the EU, the article discusses the controversies surrounding the ECJ’s ruling, as well as the ethical and policy implication of the decision. The article argues that, while the Court’s decision is in line with the European Directive on Family Reunification, it does not take full consideration of the consequences of the Dutch policy regarding civic integration tests. In particular, the Court overlooks the fact that, while the test is hardly functional to state the capacity of integration, it acts as a form of ex-ante discrimination that contravenes Article 7 of the European Convention and Article 8 of the European Charter on the right to family life.
| Item Type: | Monograph (Working Paper) |
|---|---|
| Additional Information: | Fa parte di: IRPPS Working papers (102/2017) - ISSN: 2240-7332 |
| Uncontrolled Keywords: | Third-country nationals (TCNs), Family-reunification; ECJ, State sovereignty, Civic integration test. |
| Subjects: | 300 Scienze sociali > 304 Fattori influenzanti il comportamento sociale |
| Depositing User: | Chiara D'Arpa |
| Date Deposited: | 29 Aug 2018 09:21 |
| Last Modified: | 11 Sep 2018 10:27 |
| URI: | http://eprints.bice.rm.cnr.it/id/eprint/18204 |
Actions (login required)
 |
View Item |
