Tasuta saatmine! | Klienditugi: 7440010 (E-R 10-18)

Abi | Registreeri | Logi sisse

E-raamat: Integration at the Border: The Dutch Act on Integration Abroad and International Immigration Law [Hart e-raamatud]

Karin de Vries

Formaat: 440 pages
Sari: Studies in International Law
Ilmumisaeg: 20-May-2013
Kirjastus: Hart Publishing
ISBN-13: 9781782251422

Teised raamatud teemal:

Immigration law

Hart e-raamatud
Hind: 89,98 €*
* hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks

Formaat: 440 pages
Sari: Studies in International Law
Ilmumisaeg: 20-May-2013
Kirjastus: Hart Publishing
ISBN-13: 9781782251422

Teised raamatud teemal:

Immigration law

Rohkem infot Hart e-raamatute kohta

A recent development in the immigration policies of several European states is to make the admission of foreign nationals dependent upon criteria relating to their integration. As the practice of 'integration testing abroad' becomes more widespread, this book clarifies the legal implications which have hitherto remained poorly understood and studied. The book begins by looking at the situation in the Netherlands, which was the first EU Member State to introduce integration requirements. It explores the historical and political origins of the Dutch Integration Abroad Act and explains how, in this national context, integration has become a criterion for the selection of immigrants. It then examines how integration requirements must be evaluated from the point of view of European and international law, including human rights treaties, EU migration directives and association agreements, and the law on non-discrimination. The book identifies the legal standards set by these instruments with regard to integration testing abroad, and it draws conclusions as to the lawfulness of the Dutch approach. It is a compelling analysis of the state of international integration law that will be of interest to scholars and practitioners alike. (Series: Studies in International Law - Vol. 44)

A recent development in the immigration policies of several European states is to make the admission of foreign nationals dependent upon criteria relating to their integration. As the practice of 'integration testing abroad' becomes more widespread, this book clarifies the legal implications which have hitherto remained poorly understood and studied. The book begins by looking at the situation in the Netherlands, which was the first EU Member State to introduce integration requirements. It explores the historical and political origins of the Dutch Integration Abroad Act and explains how, in this national context, integration has become a criterion for the selection of immigrants. It then examines how integration requirements must be evaluated from the point of view of European and international law, including human rights treaties, EU migration directives and association agreements, and the law on non-discrimination. The book identifies the legal standards set by these instruments with regard to integration testing abroad, and it draws conclusions as to the lawfulness of the Dutch approach. It is a compelling analysis of the state of international integration law that will be of interest to scholars and practitioners alike. (Series: Studies in International Law)

Table of Cases

xvii

Table of Legislation

xxv

Chapter 1 Introduction

(20)

I Object and Purpose of the Study

(6)

A Integration as a Condition for Immigration: the Act on Integration Abroad

(2)

B Approach

(2)

C Relation to Other Research

(2)

II Integration Requirements and Legal Rules on the Admission of Aliens

(9)

A Scope of the Investigation

(1)

B Sources of Immigration Rules

(1)

i International Law

(2)

ii European Union Law

(5)

iii The Dutch Constitution

(1)

III Structure of the Book

(5)

Part I Integration and Immigration in the Netherlands

Chapter 2 Dutch Integration Policy and the Act on Integration Abroad

(51)

I Introduction

(1)

II Before 1979: an Ambiguous Approach to Integration

(2)

A Immigration to the Netherlands

(1)

B Integration or Return Migration?

(2)

III An Integration Policy for Ethnic Minorities (1979-1989)

(4)

A Developments in the Fields of Immigration and Integration

(1)

B A Patchwork of Language Courses

(2)

C Reception of Refugees and Other Protected Persons

(1)

IV Preparing the Ground for a Compulsory Integration Policy (1989-1998)

(13)

A Developments in the Fields of Immigration and Integration

(1)

B A New Integration Policy

(1)

C Learning Dutch as a Second Language: Towards Compulsory Education for Adult Immigrants

(3)

D Reception and Integration of Newly Arrived Immigrants

(1)

i Building up Experience: Reception Programmes between 1990 and 1995

(2)

ii The Introduction of Integration Contracts ...

(1)

iii ... and the First Integration Act

(1)

iv Target Group of the Reception and Civic Integration Policy

(1)

E Reception of Refugees and Other Protected Persons

(2)

F Integration in the Country of Origin

(1)

V Compulsory Integration in the Netherlands and Abroad (1998-2007)

(9)

A Developments in the Fields of Immigration and Integration

(1)

B The `New Style' Integration Policy

(2)

C Civic Integration between 1998 and 2007

(1)

i Implementation of the Newcomers Integration Act 1998 and Integration Contracts for Resident Immigrants

(2)

ii Compulsory Integration for Religious Servants

(1)

iii Adjustment of the Course Objectives for Social Orientation

(1)

iv Integration Abroad for Antillean Youths

(1)

D Reform of the Civic Integration Policy

(2)

VI The Act on Integration Abroad

(19)

A The Requirement of Integration Abroad in Dutch Immigration Law

(1)

i A Contested Legal Basis

(2)

B Personal Scope of the Act on Integration Abroad

(1)

i Main Target Group: Family Migrants from Non-Western Countries

(1)

ii Additional Target Group: Religious Servants

(1)

iii Exemptions

(5)

C The Integration Exam Abroad

(1)

i Contents of the Exam before 1 April 2011

(2)

ii Contents of the Exam after 1 April 2011

(1)

iii The Examination

(1)

iv Preparing for the Exam

(3)

D Effects of the Act on Integration Abroad

(1)

i Effects on Immigration

(2)

ii Effects on Further Integration in the Netherlands

(1)

VII Summary

(3)

Chapter 3 Concepts of Integration and Citizenship in the Netherlands

(31)

I Introduction

(1)

II Integration as an Admission Requirement

(7)

A Integration as a Ground for Exclusion before 2003

(1)

B The Act on Integration Abroad: from Inclusion to Exclusion

(1)

i Inclusion: Preparing for Life in the Netherlands

(1)

ii Exclusion: the Threat of Continuing Immigration

(1)

iii Selection: from Motivation to Education

(2)

C The Legitimacy of Exclusion: a Balancing of Interests

(2)

III The Integration Exam Abroad as an Instrument of Citizenship

(18)

A Integration and Citizenship in the Netherlands before the Introduction of the Act on Integration Abroad

(4)

B The `New Style' Integration policy: from `Active' to `Shared' Citizenship

(3)

C After Enactment of the Act on Integration Abroad: Citizenship in Turmoil

(3)

D Assessment: Citizenship in the Netherlands and the Act on Integration Abroad

(1)

i Citizenship in the Netherlands

(5)

ii The Act on Integration Abroad as an Instrument of Citizenship

(2)

IV Concluding Observations

(5)

Part II Integration Requirements in Immigration Law

A Integration Requirements and Fundamental Rights

Chapter 4 Family Life and Family Reunification

103

(76)

I Introduction

103

(1)

II Article 8 of the European Convention on Human Rights

104

(29)

A Scope of Article 8 ECHR - Family Life

105

(1)

B Family Life and the Admission of Aliens: the Approach of the European Court of Human Rights

106

(1)

i Positive or Negative Obligation, Fair Balance or Necessity?

106

(1)

ii Admission of Family Members: Still Searching for the Right Approach

107

(3)

iii Margin of Appreciation

110

(1)

C Balancing Family Life and Immigration Control: the Criteria Used by the Court

111

(1)

i Interests of the State

112

(3)

ii Interests of the Applicants

115

(5)

iii Final Observations Regarding the Fair Balance Test in Admission Cases

120

(1)

D Article 8 ECHR in Relation to Integration Requirements

121

(1)

i Integration Requirements and the Interest of the State

121

(2)

ii Integration Requirements and the Interests of the Applicants

123

(2)

E Dutch Case Law with Regard to Article 8 ECHR and Integration Requirements

125

(1)

i Positive Obligation and Fair Balance Test

125

(1)

ii State Interests Served by Integration Requirements

126

(1)

iii Proportionality of Integration Requirements

127

(3)

iv Intensity of Review

130

(2)

v Approach of the Dutch Courts in Relation to Article 8 ECHR

132

(1)

III Articles 17 and 23 of the International Covenant on Civil and Political Rights

133

(8)

A Scope of Articles 17 and 23 ICCPR - Family Life and Family Reunification

133

(4)

B Limitations to the Right to Family Reunification

137

(2)

C Articles 17 and 23 ICCPR and Integration Requirements

139

(2)

D Dutch Case Law with Regard to Articles 17 and 23 ICCPR and Integration Requirements

141

(1)

IV Articles 3, 9 and 10 of the Convention on the Rights of the Child

141

(13)

A Scope of Articles 9 and 10 CRC - the Right of Children not to be Separated from their Parents and Family Reunification

143

(1)

i Applicability of Article 9 CRC to Immigration Cases

143

(1)

ii The Right not to be Separated

144

(1)

B The Possibility to Exercise Family Life Elsewhere

145

(1)

C The Obligation to Treat Requests for Admission in a `Positive, Humane and Expeditious Manner'

146

(1)

D Article 3 CRC - the Obligation to Let the Best Interests of the Child be a Primary Consideration

147

(1)

E Articles 3, 9 and 10 CRC in Relation to Integration Requirements

148

(2)

F Dutch Case Law with Regard to Articles 3, 9 and 10 CRC and Integration Requirements

150

(1)

i Dutch Case Law with Regard to Articles 9 and 10 CRC

151

(1)

ii Dutch Case Law with Regard to Article 3 CRC

152

(1)

iii Dutch Case Law with Regard to the CRC and Integration Requirements

153

(1)

V The Family Reunification Directive

A Object and Purpose of the Directive

154

(1)

B Eligibility for Family Reunification

155

(1)

C Conditions for Family Reunification

156

(1)

i The Conditionality of Integration Requirements

157

(1)

ii The Relationship between Article 4(1), Final Subparagraph and Article 7(2) FRD

158

(1)

iii Contents of the Integration Requirements

159

(1)

iv Limitations to the Discretion of the Member States

160

(4)

D Dutch Case Law with Regard to the Family Reunification Directive

164

(1)

VI Interim Conclusion: Legal Standards Concerning Integration Requirements as a Condition for Family Reunification

165

(2)

VII The Right to Family Life and the Act on Integration Abroad

167

(10)

A Preliminary Remark: Family Members Eligible for Admission

167

(1)

B The Requirement of Lawfulness

168

(1)

C The Requirement of a Legitimate Aim

169

(1)

D Proportionality of the Integration Exam Abroad - Relevant Factors

170

(1)

i Level of the Exam

171

(1)

ii Availability of Preparation Facilities

172

(1)

iii Accessibility of the Exam

172

(1)

iv Family Members of Former Asylum Seekers

173

(1)

v Effectiveness of the Act on Integration Abroad

174

(1)

E The Obligation to Give Primary Consideration to the Best Interests of the Child

174

(1)

F Exempted Categories and Individual Exemptions

175

(1)

G Summary: Compatibility of the Act on Integration Abroad with the Right to Family Life and Family Reunification

176

(1)

VIII Concluding Observations

177

(2)

Chapter 5 Freedom of Religion

179

(42)

I Introduction

179

(1)

II Freedom of Religion as protected by Article 9 of the European Convention of Human Rights

180

(15)

A Scope of Article 9 ECHR - the Right of Religious Communities to Self-organisation and the Admission of Religious Servants

180

(1)

i Individual and Collective Dimension of the Freedom of Religion

180

(2)

ii Admission of Religious Servants

182

(6)

B Limitations to the Freedom of Religion: Article 9(2) ECHR

188

(2)

C Margin of Appreciation

190

(1)

D Article 9 ECHR in Relation to Integration Requirements

191

(4)

III Article 18 of the International Covenant on Civil and Political Rights

195

(5)

A Scope of Article 18 ICCPR

196

(1)

i The Right of Religious Communities to Appoint Religious Leaders

196

(1)

ii Admission of Religious Servants

196

(2)

B Limitations to the Freedom of Religion: Article 18(3) ICCPR

198

(2)

C Article 18 ICCPR in Relation to Integration Requirements

200

(1)

IV Article 6 of the Dutch Constitution

200

(4)

A Scope of Article 6 Dutch Constitution

201

(1)

i The Right of Religious Communities to Appoint Religious Leaders

201

(1)

ii Admission of Religious Servants

201

(2)

B The Restriction Clause

203

(1)

C Article 6 Dutch Constitution in Relation to Integration Requirements

204

(1)

V Freedom of Religion and Equal Treatment

204

(1)

VI Interim Conclusion: Legal Standards Concerning Integration Requirements as a Condition for the Admission of Religious Servants

205

(2)

VII The Act on Integration Abroad in Relation to the Freedom of Religion and the Right to Equal Treatment

207

(9)

A Religious Organisations in the Netherlands and Servants from Abroad

207

(1)

B Does the Integration Exam Abroad Form a Limitation of the Freedom of Religion?

208

(1)

C Is the Limitation Justified?

209

(1)

i Prescribed by Law

210

(1)

ii Legitimate Aim

210

(1)

iii Proportionality and Neutrality

211

(1)

iv The Restriction Clause of Article 6(1) Dutch Constitution

212

(1)

D Possibilities for Exemption

212

(1)

E Discrimination on the Grounds of Religion?

213

(2)

F Summary: Compatibility of the Integration Exam Abroad with the Right to Freedom of Religion and the Right to Equal Treatment

215

(1)

VIII Concluding Observations

216

(5)

B Integration Requirements, EU Law and International Agreements

Chapter 6 The Right to Free Movement in European Union Law

221

(41)

I Introduction

221

(1)

II The Right to Free Movement of EU Citizens

222

(4)

A Citizenship and Free Movement of Persons in the TFEU

222

(2)

B The Residence Directive

224

(1)

C Situations not Covered by EU Law?

225

(1)

III Family Members of EU Citizens

226

(7)

A Free Movement or Family Reunification?

226

(2)

B Family Members Entitled to Entry and Residence in the Member States

228

(1)

C Conditions for the Entry and Residence of Family Members

229

(1)

D Article 3(2) Residence Directive: `Facilitating' Entry and Residence

230

(2)

E Additional Residence Rights for Carers: from Baumbast to Ruiz Zambrano

232

(1)

IV The Right to Free Movement of Nationals of the EEA Member States and their Family Members

233

(2)

V Swiss Nationals and their Family Members

235

(3)

A Free Movement of Swiss Nationals: the EC-Switzerland Agreement

235

(1)

B The Right to Entry and Residence of Swiss Nationals and their Family Members

236

(2)

C Other Family Members: the Obligation to Facilitate Entry and Residence

238

(1)

VI Third-country Nationals who are Long-term Residents and their Family Members

238

(15)

A The Long-term Residents Directive

238

(1)

B Objectives

239

(2)

C The Right of Long-term Residents to Reside in Another Member State

241

(1)

D Compliance with Integration Measures as a Condition for Residence in the Second Member State: the Meaning of Article 15(3) LRD

242

(1)

i Integration as a Condition for Residence?

242

(1)

ii When May Compliance with Integration Requirements be Demanded?

243

(1)

iii Contents of Integration Requirements

244

(2)

iv Limitations to the Discretion of the Member States

246

(2)

v `Integration Measures' Versus `Integration Conditions'?

248

(2)

E Family Members of Long-term Residents

250

(1)

i Definition of `Family Members' in the Long-term Residents Directive

250

(1)

ii The Right to Reside in a Second Member State

250

(3)

iii Family Members Other than those Referred to in Article 4(1) Family Reunification Directive

253

(1)

VII Third-country Nationals who are Holders of an EU Blue Card and their Family Members

253

(3)

A The Blue Card Directive

253

(1)

B The Right of EU Blue Card Holders to Enter and Reside in Another Member State

254

(1)

C The Right of Family Members of EU Blue Card Holders to Enter and Reside in Another Member State

255

(1)

VIII The Right to Free Movement and the Act on Integration Abroad

256

(3)

A Nationals of the Member States of the EU, the EEA and Switzerland and their Family Members

256

(1)

i Family Members not Entitled to the Right of Free Movement

257

(1)

B Long-term Residents and their Family Members

258

(1)

C EU Blue Card Holders and their Family Members

259

(1)

IX Concluding Observations

259

(3)

Chapter 7 International Relations and Labour Migration

262

(31)

I Introduction

262

(1)

II International Agreements Concluded by the European Union

263

(10)

A The Association Agreement between the EEC and Turkey

263

(2)

i Standstill Clauses: No New Restrictions for the Admission of Turkish Workers and Self-employed Persons

265

(2)

ii Non-discrimination

267

(2)

iii Family Members of Turkish Workers and Self-employed Persons

269

(1)

B Stabilisation and Association Agreements with the Western Balkan Countries

270

(3)

C International Agreements Concluded by the EU and the Act on Integration Abroad

273

(1)

III International Agreements Concluded by the Netherlands

273

(7)

A The Dutch-American Friendship Treaty

274

(2)

B The Treaty on Commerce and Navigation between the Netherlands and Japan

276

(1)

C Agreements between the Netherlands and Suriname

277

(1)

D The European Convention on Establishment

278

(1)

E International Agreements Concluded by the Netherlands and the Act on Integration Abroad

279

(1)

IV Labour Migration

280

(8)

A The EU Blue Card Directive

280

(1)

i The EU Blue Card for Highly Qualified Third-country Nationals

281

(1)

ii Family Members of EU Blue Card Holders

281

(1)

B The European Convention Relating to the Legal Status of Migrant Workers

282

(2)

C The European Social Charter (Revised)

284

(2)

D Labour Migration and the Act on Integration Abroad

286

(1)

i Standards Set by International Instruments

286

(1)

ii The Situation of Labour Migrants and their Family Members under the AIA and Compliance with International Instruments

286

(2)

V Concluding Observations

288

(5)

C Integration Requirements and Equality

Chapter 8 The Right to Equal Treatment: Direct Differential Treatment on Grounds of Nationality and Residence Purpose

293

(40)

I Introduction

293

(1)

II Legal Framework Concerning the Right to Equal Treatment

294

(9)

A The Principle of Equal Treatment

294

(1)

B The Right to Equal Treatment - Relevant Legal Provisions

294

(1)

i International Human Rights Treaties

294

(2)

ii EU Law

296

(1)

iii The Dutch Constitution

297

(1)

iv Applicability of the Above Provisions in Admission Cases

297

(1)

C Justification of Differential Treatment

298

(1)

D Scope of Review and the Relevance of `Suspect Grounds'

299

(2)

E Formal and Substantive Equality and Indirect Differential Treatment

301

(2)

III Differential Treatment on the Grounds of Nationality

303

(20)

A Preliminary Remark: Nationality, Alienage and National Origin

303

(1)

i Nationality and Alienage

303

(1)

ii Nationality and National Origin

304

(2)

B Is Nationality a `Suspect Ground'?

306

(2)

C Is the Differential Treatment Based on a Reasonable and Objective Justification?

308

(2)

i Compliance with International Obligations: EU Law and Bilateral Agreements

310

(6)

ii Foreign and Economic Relations

316

(1)

iii Comparability of Countries of Origin

317

(3)

iv Final Remarks Concerning Justification

320

(1)

D Dutch Case Law

321

(2)

IV Differential Treatment on the Grounds of Residence Purpose

323

(1)

V The Right to Equal Treatment and the Act on Integration Abroad

324

(6)

A Differential Treatment on Grounds of Nationality

325

(1)

B Differential Treatment on Grounds of Residence Purpose

326

(3)

C Scope of the Exemption and Effectiveness of the Integration Requirement

329

(1)

VI Summary and Concluding Observations

330

(3)

Chapter 9 The Right to Equal Treatment: Indirect Differential Treatment on the Grounds of Racial or Ethnic Origin

333

(34)

I Introduction

333

(1)

II Legal Standards Regarding Indirect Differential Treatment on Grounds of Racial or Ethnic Origin

334

(20)

A Relevant Legal Provisions

334

(1)

i (Inter)national Human Rights Provisions

334

(1)

ii EU Law

335

(1)

B Discrimination Grounds

336

(2)

C Indirect Differential Treatment

338

(1)

i Standard of Proof

339

(3)

ii Which Comparison to Make?

342

(3)

D Justification of Indirect Differential Treatment

345

(2)

E Scope of Review

347

(2)

F The Prohibition of Indirect Racial and Ethnic Discrimination in Relation to Integration Requirements

349

(1)

i Effects of Integration Requirements

349

(1)

ii Establishing a Presumption of Indirect Discrimination

350

(2)

iii Justification

352

(2)

III Indirect Differential Treatment on Grounds of Racial or Ethnic Origin and the Act on Integration Abroad

354

(11)

A Racial or Ethnic Groups Affected by the AIA

355

(2)

B A Presumption of Indirect Racial or Ethnic Discrimination?

357

(4)

i Evidence of Discriminatory Intent?

361

(1)

C Justification

362

(3)

IV Concluding Observations

365

(2)

Chapter 10 The Right to Equal Treatment: `Reverse Discrimination'

367

(11)

I Introduction: the Problem of Reverse Discrimination

367

(1)

II The Relevance of Nationality: a `Most Favoured' Status?

368

(3)

III The Right to Equal Treatment in Situations of Reverse Discrimination

371

(3)

A Applicability of EU Non-discrimination Provisions

371

(1)

B Differentiation Ground: Migrating Versus Non-migrating EU Nationals

372

(1)

C Justification: Compliance with Obligations of EU Law

372

(2)

IV Dutch Case Law

374

(1)

V Reverse Discrimination under the Act on Integration Abroad

375

(1)

VI Concluding Observations

376

(2)

Chapter 11 Conclusions

378

(13)

I Integration Requirements as a Condition for Admission

378

(6)

A Integration as a Ground for Exclusion

378

(1)

B Integration Versus Admission: a Balancing of Interests

379

(3)

C Integration and Equality

382

(2)

II Integration Objectives and the Content of Integration Requirements

384

(2)

A Concepts of Integration

384

(1)

B Legal Standards Concerning Integration Objectives and the Contents of Integration Requirements

385

(1)

III The Act on Integration Abroad in Relation to (Inter) National Immigration Law

386

(5)

Bibliography

391

(10)

Index

401

Karin de Vries is Assistant Professor in the Department of Constitutional and Administrative Law at the VU University of Amsterdam.

Püsilink: https://www.kriso.ee/db/9781782251422_pe.html

Märksõnad:

E-raamat: Integration at the Border: The Dutch Act on Integration Abroad and International Immigration Law [Hart e-raamatud]

Konto & seaded

Otsing

Otsingu andmebaas

Filtreeri tulemusi

Teemad Kirjastuste teemad

Vali ostukorv