2024-03-29T10:38:11Zhttps://www.tdx.cat/oai/requestoai:www.tdx.cat:10803/3980052017-08-30T19:43:20Zcom_10803_1col_10803_38
nam a 5i 4500
Refugiats
Refugiados
Refugees
Immigrants
Inmigrantes
Famílies immigrants
Familias inmigrantes
Immigrant families
Dret comparat
Derecho comparado
Comparative law
Reagrupament familiar
Reagrupación familiar
Family reunification
Espanya
España
Grècia
Grecia
Greece
Alemanya
Alemania
Germany
Spain
The immigrants and refugees' right to family life: legal development and implementation from comparative perspective
[Barcelona] :
Universitat de Barcelona,
2016
Accés lliure
http://hdl.handle.net/10803/398005
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Milios, Georgios,
autor
1 recurs en línia (420 pàgines)
Tesi
Doctorat
Universitat de Barcelona. Departament de Dret Constitucional i Ciència Política
2016
Universitat de Barcelona. Departament de Dret Constitucional i Ciència Política
Tesis i dissertacions electròniques
Moya, David
(Moya Malapeira)
supervisor acadèmic
TDX
The present thesis deals with the immigrants, refugees and asylum seekers’ right to family life. It approaches the right to family life as a right that is wider than family reunification and includes cases of expulsion of foreigners who have family ties in the host country, as well as regularization issues. The present dissertation examines the foreigners’ right to family life from an international human rights law perspective, from an EU law perspective but also includes a comparative study of the legislation of three EU Member States, namely Spain, Greece and Germany. The main research question concerns the impact that the adoption of the Lisbon Treaty and the enhancement of fundamental right in Europe should have on family life related legislation at EU and national level. Not least, the present study aims at assessing the effect and effectiveness of the EU Directives approximately ten years after the deadline for their implementation and focuses on the case law of International, EU and national courts. It concludes that the adoption of the Lisbon Treaty and the fact that the ECFR has gained the same legal values as the Treaty directly affects the Directives which relate to family life and, consequently, the domestic legislations of the Member States which participate in the present study. That being said, the dissertation reaches the conclusion that the applicable family reunification regimes follow a strictly ‘formal’ model which is not compatible with the new fundamental rights scene, as it is formed at EU level. It proposes a new reunification model which will be more ‘substantial’ and will be based on an individual assessment of each application both as regards the family members who may qualify as such, and with respect to the requirements that are imposed for the exercise of the right to family reunification.
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