Constitutional Identity and Integration: EU Citizenship and the Emergence of a Supranational Alienage Law

Author:

Sánchez Sara Iglesias

Abstract

This Article examines some central questions concerning the status of EU foreigners—non-EU nationals legally residing in the EU. First, it addresses the peculiarities of the status of EU citizens and the special nature of EU immigration law as the basis for the construction of an EU alienage law. Second, it examines whether and to what extent the emergence of a supranational immigration and alienage law—with a focus on integration—interacts with the broader debate on European and national constitutional identity. Third, the Article analyzes the legal difficulties for the application of the equal treatment principle between EU citizens and EU foreigners taking as a point of reference the different roles of restrictions and conditions based on the notion of integration.

Publisher

Cambridge University Press (CUP)

Subject

Law

Reference96 articles.

1. See ECJ, Case C-138/13, Dogan, EU:C:2014:2066, Judgment of July 10, 2014; ECJ, C-561/14, Genc, EU:C:2016:247, Judgment of April 12, 2016; ECJ, Case C-579/13, P and S, EU:C:2015:369, Judgment of June 4, 2015; ECJ, Case C-153/14, K and A, EU:C:2015:453, Judgment of July 9, 2015.

2. ECJ, Joined Cases C-443/14 and C-444/14, Alo and Osso, EU:C:2016:127, para 59.

3. Article 29 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, O.J. 1022 L 337, p. 9.

4. See ECJ, Case C-138/13, Dogan, EU:C:2014:2066, Judgment of July 10, 2014. This case concerned the application of integration conditions in the form of language test prior to family reunification. The Court considered that even on the assumption that the grounds adduced related to the prevention of forced marriages and the promotion of integration could constitute overriding reasons in the public interest, it remains the case that national measures which automatically led to the dismissal of an application for family reunification due to lack of evidence of sufficient linguistic knowledge go beyond what is necessary to attain the objectives pursued (see para 38 of the judgment).

5. In Genc, the integration condition at issue required that, in order to benefit from family, a child, or be able to establish sufficient ties to Denmark to enable successful integration. That condition applied only if the application was made more than two years after the award of the resident permit to the parent. The Court considered that the integration condition at issue was unconnected with the likelihood of achieving integration. Since the condition was not justified, it was considered as a “new restriction” contrary to the stand still clause.

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3