New publication: The best interests of the child in EU family reunification law
Mark Klaassen and Peter Rodrigues have published a journal article on the role of the best interests of the child in EU family reunification law in the European Journal of Migration and Law. They conclude that even though the Court of Justice of the European Union has often referred to the best interests concept, still more guidance is needed.
The best interests of the child should be a primary consideration in all actions concerning children. This cornerstone of international children’s rights has been codified in the Charter of Fundamental Rights of the European Union. In EU family unification law, the best interests of the child are mentioned in Directive 2003/86/EC on the right to family unification. However, in the case law of the Court of Justice of the European Union, this concept is not systematically applied in the various types of family unification cases. In this contribution it is argued that, although the contexts of family unification cases may be different, from the perspective of the diverse international obligations of the Member States, it would be preferable if the Court systematically involved the best interests of the child concept in all family unification cases.