Browsing by Author "Mikkola, Jutta"

The mass influx of individuals seeking protection from Europe has raised the question on the adequate definition of international protection statuses and the rights thereof into the focal point of the EU integration project. In the wake of the so-called refugee crisis beginning in 2015, many EU Member States, such as Finland, Sweden, Austria and Germany, have adopted national provisions restricting the right to family reunification. These national restrictions have especially targeted the subsidiary protection beneficiaries’ right to family reunification. It is not surprising since it is considered that subsidiary protection beneficiaries are granted no rights under the Family Reunification Directive. It should be noted that underlying the subject of this thesis is the conflict between State’s desire to control immigration as an embodiment of State sovereignty and the human or fundamental rights of international protection beneficiaries as limiting that sovereignty. The aim of this thesis is to examine the limitations imposed by international law, the ECHR and EU law on EU Member States as regards the adoption of national restrictions on family reunification rights, i.e. examine the obligations of the Member States under international law, the ECHR and EU law. The research question is twofold: first, what are the legal rules binding on EU Member States as regards the national regulation on family reunification; and second, what are the implications of the present legal framework in the light of fundamental rights and non-discrimination? Moreover, the issue of family reunification is approached with a special focus on the rights of international protection beneficiaries. The legal dogmatic method will serve as a starting point, as the first part of the research question essentially seeks to discover the present legal sate. However, the subject of this thesis is such that a proper, critical analysis on the present legal framework requires that due attention is paid to the surrounding social realities and the interplay between law and society. Moreover, the second part of the research question calls for an analysis on the current legal framework in a manner informed about the proper application of fundamental and human rights. Moreover, this thesis seeks to give a de lege ferenda recommendation on the basis of the findings. First, this thesis examines the obligations of the Member States under international law, focusing on the universal human rights treaties binding on each Member State pursuant to Article 38(1)(a) of the ICJ Statute. These instruments include, inter alia, the ICCPR, the CRC and the 1951 Refugee Convention. Second, the relevant provisions, first and foremost Article 8 and Article 14, of the ECHR and the jurisprudence of the ECtHR thereof is explored. Third, the provisions of EU law relating to family reunification and the qualification of international protection beneficiaries are examined. Finally, a national example is presented – outlining the Finnish regulation on family reunification and the amendments adopted to the Finnish Aliens Act in 2016.