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The Objective of Directive 2003/86 Is to Promote the Family Reunification of Third Country Nationals

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Abstract This paper provides an analysis of the objective attributed by the CJEU to Directive 2003/86 in the Chakroun (C-578/08) decision and its impact on Member States’ margins of manoeuvre. The Court indeed stated that ‘(. . .) the margin for manoeuvre which the Member States are recognised as having must not be used by them in a manner which would undermine the objective of the directive, which is to promote family reunification, and the effectiveness thereof’. 1 Astonishingly enough, this part of the judgement has not stirred much reaction from commentators and Member States. After an analysis of the meaning of ‘promoting’, and of the rationale and value of the CJEU’s position, I will expose the impact that it might have on the margins of manoeuvre of Member States while implementing the directive. All this should help to grasp the Court’s statement, and as a matter of consequence, to gauge the compliance of national legislations and practices.

Affiliations: 1: Rue des Brasseurs 30, 1400 Nijvel Belgium

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/content/journals/10.1163/15718166-12342017
2012-01-01
2016-12-04

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