The Role of the Court of Justice in Shaping the Right to Maintain Family Unity for Beneficiaries of International Protection
摘要
The right to maintain family unity is one of the inherent guarantees of the content of international protection provided for in Chapter VII of the Qualifications Directive. This right extends to both refugees and beneficiaries of subsidiary protection, safeguarding the integrity of family units already present within the member state offering protection. This inclusion of family unity within the framework of international protection reflects a more specific application of broader principles enshrined in instruments like the EU Charter of Fundamental Rights (Art. 7 and 24) and the European Convention on Human Rights (Art. 8). Notably, the Geneva Convention itself lacks an analogous provision, though the Final Act of the UN Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons emphasizes family unity as an ‘essential right’ for refugees and urges the States to protect it. However, ensuring the practical application of this right presents significant challenges. The Qualifications Directive (Directive 2011/95/EU) mandates member states to uphold family unity yet setting specific conditions and delegating aspects to national laws (para. II). This has resulted in a complex body of case law from the Court of Justice, which has navigated this tension and developed innovative legal solutions within asylum law. This Chapter delves into this landscape and examines how the Court has addressed issues such as the flexibility of member states in establishing more favorable national regimes (para. III), the complex link between family member rights and the asylum right of their relative who is a beneficiary of international protection (para. IV), and situations where responsibility for international protection and for ensuring family unity falls on different member states (para. V). Finally, the Chapter will examine the impact of recent reforms within the Common European Asylum System (CEAS) on this evolving legal landscape (para. VI) and some concluding remarks will be drawn (para. VII).