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Exclusion of the right of family reunion for foreigner with subsidiary protection status

The amendment of the Residence Act will exclude the right for family reunion for a period of two years in cases in which foreigners will obtain the subsidiary protection status after the new provision entered into force. Therefore, the forthcoming amendment will not affect the right for family reunion in cases where foreigners already reached the subsidiary protection status.

 

The decision in the Dogan case does not provide any legal certainty with regard to the family reunification in Germany

After the Dogan judgment was issued in Germany a discussion took place how the applicable law has to be changed regarding the language requirements in matters of family reunion. Accordingly, the party "Die Linken" has, rightly, repeatedly stressed the need for a review of § 30 AufenthG with the aim to adapt the provision to the relevant legal specifications of the European Law.

 

Cecilia Malmström signs the Readmission Agreement and launches the Visa Liberalisation Dialogue with Turkey

EU Commissioner for Home Affairs Cecilia Malmström, in Ankara at the invitation of the Turkish authorities, signed, with the Turkish Minister of Interior Muammer Güler, the EU-Turkey readmission agreement, and initiated, jointly with the Turkish Minister of Foreign Affairs Ahmet Davutoglu, the EU-Turkey Visa liberalisation dialogue.

 

EU border control policies negatively affect human rights

Strasbourg, 06/11/2013 – "The EU externalisation of border control policies has a deleterious effect on human rights, in particular the right to leave a country, which is a prerequisite to the enjoyment of other rights – most importantly, the right to seek asylum", said today Nils Muižnieks, Council of Europe Commissioner for Human Rights, while releasing a research paper on the right to leave a country.

Notes on the Opinion of AG Cruz Villalón of 14 April 2013 in the case Demirkan C-221/11

Notes on the Opinion of AG Cruz Villalón of 14 April 2013 in the case Demirkan C-221/11

The three main problematic elements of the opinion are:

(a) Recipients of services were from the very beginning covered by Community law and not only after the Court's judgment in Luisi and Carbone in 1984.

(b) Accepting that Turkish recipients of services are covered by Article 14 of the Association Agreement with Turkey and Article 41 of the Additional Protocol does not imply, as repeatedly suggested in the Opinion, that Turkish citizens will get full free movement rights or become quasi Union citizens.

(c) The 1970 Additional Protocol must not be interpreted primarily on the basis of the current immigration policy concerns of some of the parties to Association Agreement or on the basis of later international treaties that EU Member States have concluded among themselves or with third States.

These three elements are illustrated below in thirteen comments on specific points of the Opinion.

Neuerscheinung "The Encyclopedia of Migration and Minorities in Europe"

Klaus J, Bade, Leo Lucassen, Pieter C. Emmer and Jochen Oltmer (eds.),

The Encyclopedia of Migration and Minorities in Europe. From the 17th Century to the Present

Cambridge University Press, New York 2011, 768p., hardcover, ISBN 978-0-521-89586-6, £ 125,-

The Right to Liberty and Security of Person and ‘Alternatives to Detention’ of Refugees, Asylum-Seekers, Stateless Persons and Other Migrants

From Alice Edwards, Expert Consultant, Division of International Protection, UNHCR.
This background paper was prepared for the Global Roundtable on Alternatives to Detention, to be held 11-12 May 2011.

Restrictive laws prevent families from reuniting

Thomas Hammarberg, Commissioner for Human Rights, is criticizing the Member Staats for introducing strict requirements for family migration. It is becoming more and more difficult for immigrants in Europe to have their family members join them. Even long-term residents and naturalised citizens are being deprived of this human right as policies in host countries are now becoming more restrictive and selective. Applicants have to fulfil unreasonable requirements which create insurmountable obstacles to them to living with their loved ones.

Human mobility and the right to family reunion

1. The right to respect for family life is a fundamental right belonging to everyone and one which is secured by a number of international legal instruments, such as the Universal Declaration of Human Rights (Article 16) and the European Convention on Human Rights (Article 8).

Latest developments on the Roma situation in France

Statement on the latest developments on the Roma situation from Viviane Reding the Vice-President of the European Commission responsible for Justice, Fundamental Rights and Citizenship.

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