A Re-examination of the Family Reunification Directive in the post-Lisbon Fundamental Rights Scene
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Georgios Milios
Abstract
The article examines the issue of compatibility of the Family Reunification Directive with the important changes that the adoption of the Lisbon Treaty brought to the field of fundamental rights in the EU especially considering the fact that the Charter of Fundamental Rights of the EU gained the same legal value as the treaties. The article examines all possible scenarios that may derive from Art 52 (3) of the Charter and the problems or issues that each of them may entail for the immigrants’ right to family life in the EU. This examination reveals that certain aspects of the provisions of the Family Reunification Directive are not compatible with Art 8 of the European Convention on Human Rights, and proposes that the EU should, in any event, provide more extensive protection than the one provided for by the Convention. The article proposes a reunification model which may be more compatible with the post-Lisbon fundamental rights scene.
© 2018 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Constitutional Jurisdiction in a Democracy Governed by the Rule of Law
- Interdependency between Sovereignty, Citizenship and the Right to Vote
- European Consensus: A Conservative and a Dynamic Force in European Human Rights Jurisprudence
- A Re-examination of the Family Reunification Directive in the post-Lisbon Fundamental Rights Scene
- Expropriation of Adolf Hitler’s Birthplace: Justified under the Special Historic Responsibility of Austria
Articles in the same Issue
- Frontmatter
- Constitutional Jurisdiction in a Democracy Governed by the Rule of Law
- Interdependency between Sovereignty, Citizenship and the Right to Vote
- European Consensus: A Conservative and a Dynamic Force in European Human Rights Jurisprudence
- A Re-examination of the Family Reunification Directive in the post-Lisbon Fundamental Rights Scene
- Expropriation of Adolf Hitler’s Birthplace: Justified under the Special Historic Responsibility of Austria
