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Testing Member States' Actions Against The Principle Of Proportionality And Fundamental Rights

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Chapter Summary

This Chapter focuses on the relationship between the normative articulation of integration as a consequence of the transposition of EU immigration law in the national arena, and the general principles of EU law. The chapter begins by studying the general principles of EU law and their application to the common EU immigration policy and the evolving area of European immigration law. It explains the conjunction between the principles of proportionality and fundamental rights in the context of Member States' actions at times of implementing European immigration law. The last section of this Chapter has finally conducted the tests of fundamental rights and proportionality against the three-pronged level of the management of immigration product of the implementation of the Council Directives 2003/109 and 2003/86 in French immigration law: the contrat d’accueil et d’intégration (CAI), the Republican integration abroad and the integration contract for the family (CAIF).

Keywords: contrat d’accueil et d’intégration (CAI); French immigration law; fundamental right



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