Family Reunion and Community Law

The EC law on family reunion is said to have committed various offences ranging from racism and sexism to the marginalization of the poor and the abuse of certain human rights. Although EC family reunion law is supposedly based on nationality, it is often perceived to exude implicit racial discrimination. This chapter attempts to look into the rules that are applicable to family members who want to join EC nationals, those who are governed by EC association agreements, and other rules of family reunion. It aims to establish the main features of family reunion as they are viewed by the European Court of Human Rights. This is done through a framework that breaks down such issues into different main aspects: 1) defining who the 'sponsor' is; 2) clarifying what is meant by the term 'family'; and 3) identifying the conditions for having a family reunion. Also, the chapter investigates the criticisms passed on case law and EC legislation, particularly those of human rights.