engleski

National law of Member States vs. right to family reunification of migrants and refugees in the light of the new developments in the CJEU practice

The right to respect family life is a basic human right protected by large number of international documents. Contemporary migrations could make realization of that right a challenging task, especially in cases where family members are separated from each other as a refuges. Directive 2003/86/EC on the right to family reunification set out common rules of law relating to the right to family reunification but there are number of questions concerning protection of family unit and facilitation of integration of nationals of non-member countries that should be regulated by national law. In this paper, we will first discus some diversities in national legislation concerning protection of family reunification rights, notably the determination of family status as a base for the protection. The second part of the paper will discuss relevant legal practise of CJEU with special regard to the two recent judgments of the CJEU related to right to family reunification of migrants and refuges. Analysed cases concern the application of the Directive 2003/86/EC on the right to family reunification to refugees. In Case C‑550/16 A and S v. Staatssecretaris van Veiligheid en Justitie the CJEU has ruled on the family reunification rights of unaccompanied minor refugee and in Case C‑380/17 K, B v. Staatssecretaris van Veiligheid en Justitie the has ruled on the problem with failure to comply with the time limit of three months following the grant of international protection. Although starting from different facts both judgments concern parts of national law regarding family and refugee status that member states can regulate differently. In that light, this paper will discuss obstacles in realization of family reunification rights and consequently integration and social cohesion problems of migrants and refugees that can derive from national legislations and try to give the perspective on the question of influence of CJEU practice to the national law in this legal area.

EU, CJEU, refuges, family

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