Murphy, Cliodhna (2010) The Concept of Integration in the Jurisprudence of the European Court of Human Rights. European Journal of Migration and Law, 12. pp. 23-43. ISSN 1388-364X
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Abstract
Integration has become a recurring theme of national immigration policies; and there has been a corresponding normative development of the concept to a certain degree in the European Union, both in soft
policy and through references to integration in legally binding immigration measures. Th e difficulty in
defining integration is a pervasive problem encountered by lawyers and sociologists attempting to understand the phenomenon. Th is article argues that the development of the concept of integration by the
European Court of Human Rights has an important contribution to make to the debate, with the potential to provide a legal framework within which to situate integration policies at the national and the EU
level. It assesses the concept of integration employed by the European Court of Human Rights, analysing
the Court’s Article 8 immigration jurisprudence in terms of two core issues: first, the conception of integration employed in the jurisprudence of the European Court of Human Rights; and second, the implications of the development of the concept in terms of impacting on the right to remain in a State Party
and family reunification, each a key integration issue. Th e article concludes that while the jurisprudence
relating to what actually constitutes ‘integration’ is very much in its infancy, the express consideration of
integration as a factor in the balancing exercise undertaken by the Court in the expulsion cases signifies
the start of a normative development of the concept of integration by the European Court of Human
Rights. Nevertheless, it remains to be seen whether the increased emphasis of the Court on the integration criterion in the Article 8 expulsion cases influences the Court’s approach to key integration issues
such as family reunification and in turn whether this filters down to legislators and policymakers at the
national level.
Item Type: | Article |
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Keywords: | integration paradigm; Article 8 ECHR; European Court of Human Rights; family life; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 12268 |
Identification Number: | 10.1163/157181610X491178 |
Depositing User: | Cliodhna Murphy |
Date Deposited: | 23 Jan 2020 17:28 |
Journal or Publication Title: | European Journal of Migration and Law |
Publisher: | Brill Academic Publishers |
Refereed: | Yes |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/12268 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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