“Enchanted with Europe”: Family Migration and European Law on Labour-Market Integration

Abstract

AbstractThis chapter explores the European legal platform for alleviating the main barriers in the labor market integration of dependent family migrants in the EU. Namely, the chapter looks at the work of the European Court of Justice (ECJ) in relation to cases that involve recognition of professional qualifications and establishment of residence status. The study looks at how family reunification provisions, EU citizen status and in particular provisions for EU citizens and their family members when they move to another Member State, affect indirectly the status situation of third country nationals and their labour market integration by facilitating or hampering the recognition of their skills. This chapter is based on desk research, notably literature review (including published reports from the SIRIUS research) and analysis of legislative documents (EU Directives and ECJ case-law). We specifically look at the ECJ case-law on status and recognition and at related Directives involving family migrants. We study conditions under which the ECJ makes a decision in favour of the migrant-plaintiff. The discussion of our findings shows a complex interplay between family migration, gender bias and European law.