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Reverse Discrimination, Family Reunification and Union Citizens of Immigrant Origin

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Chapter Summary

This chapter explores why reverse discrimination with regard to family reunification is a problem and who is affected by this form of reverse discrimination. Reverse discrimination results from the co-existence of three sets of rules (national rules and EU rules) on the same issue (family reunification). It is contrary to 'normal' logic that nationals deserve better or at least equal treatment by their State as non-nationals. EU rules govern both the admission of family members (EU and TCN) of migrant EU nationals (SCN) and of third-country nationals (TCN). Reverse discrimination is possible because of the co-existence of EU law and national law on family reunification providing for different levels of rights for different groups. The implicit message in political debate on reverse discrimination and administrative practice in some Member States is that the state considers its nationals of immigrant origin as nationals on paper only, not as 'real' citizens.

Keywords: family reunification; immigrant origin; Member States; reverse discrimination; third-country nationals (TCN)



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