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<p>This paper analyses the inconsistency in the case law of the European Court of human Rights when applying Article 8, the right to respect for family life, of the European Convention of Human Rights in the immigration context. Even though Article 8 has permeated the area of immigration policy, critics claim that the case law has shown a number of extremely problematic developments. The main question of the paper is how the Court can be more consistent when determining a States’ compliance with Article 8. It examines whether the use of the same compliance test for all immigration cases could offer a more structured framework. The paper also explores additional adjustments in the application of Article 8 in order to improve the current development of the inconsistent case law.</p>
</abstract>

This paper analyses the inconsistency in the case law of the European Court of human Rights when applying Article 8, the right to respect for family life, of the European Convention of Human Rights in the immigration context. Even though Article 8 has permeated the area of immigration policy, critics claim that the case law has shown a number of extremely problematic developments. The main question of the paper is how the Court can be more consistent when determining a States’ compliance with Article 8. It examines whether the use of the same compliance test for all immigration cases could offer a more structured framework. The paper also explores additional adjustments in the application of Article 8 in order to improve the current development of the inconsistent case law.

A Migrants’ Right to Respect for Family Life – The Problematic Developments of the European Court of Human Right’s Case Law

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

This paper analyses the inconsistency in the case law of the European Court of human Rights when applying Article 8, the right to respect for family life, of...

A Migrants’ Right to Respect for Family Life – The Problematic Developments of the European Court of Human Right’s Case Law

Publié en ligne: 29 mars 2022

Pages: 116 - 137

DOI: https://doi.org/10.2478/iclr-2021-0021

Mots clés
Family life, Immigration, Article 8, European Convention of Human Rights, Family reunification, Human Rights, European Court of Human Rights

© 2021 Jennie Edlund et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

A Migrants’ Right to Respect for Family Life – The Problematic Developments of the European Court of Human Right’s Case Law

Publié en ligne: 29 mars 2022

Pages: 116 - 137

DOI: https://doi.org/10.2478/iclr-2021-0021

Mots clésFamily life, Immigration, Article 8, European Convention of Human Rights, Family reunification, Human Rights, European Court of Human Rights

© 2021 Jennie Edlund et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
Family life, Immigration, Article 8, European Convention of Human Rights, Family reunification, Human Rights, European Court of Human Rights