de Vries - Integration at the Border

Integration at the Border

The Dutch Act on Integration Abroad and International Immigration Law

Medium: Buch

ISBN: 978-1-84946-410-9

Verlag: Bloomsbury 3PL

Erscheinungstermin: 01.07.2013

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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 endeavours to clarify 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 pre-entry integration requirements. It explores the historical and political origins of the Dutch Act on Integration Abroad 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 draws conclusions as to the lawfulness of the Dutch approach.

Produkteigenschaften

Artikelnummer: 9781849464109
Medium: Buch
ISBN: 978-1-84946-410-9
Verlag: Bloomsbury 3PL
Erscheinungstermin: 01.07.2013
Sprache(n): Englisch
Auflage: 1. Auflage 2013
Produktform: Gebunden, HC gerader Rücken kaschiert
Gewicht: 825 g
Seiten: 440
Format (B x H x T): 161 x 240 x 28 mm
Ausgabetyp: Kein, Unbekannt

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Autoren

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

Chapter 1. Introduction

I. Object and Purpose of the Study

II. Integration Requirements and Legal Rules on the Admission of Aliens

III. Structure of the Book

Part I. Integration and Immigration in the Netherlands

Chapter 2. Dutch Integration Policy and the Act on Integration Abroad

I. Introduction

II. Before 1979: an Ambiguous Approach to Integration

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

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

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

VI. The Act on Integration Abroad

VII. Summary

Chapter 3. Concepts of Integration and Citizenship in the Netherlands

I. Introduction

II. Integration as an Admission Requirement

III. The Integration Exam Abroad as an Instrument of Citizenship

IV. Concluding Observations

Part II. Integration Requirements in Immigration Law
A. Integration Requirements and Fundamental Rights
Chapter 4. Family Life and Family Reunification

I. Introduction

II. Article 8 of the European Convention on Human Rights

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

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

V. The Family Reunification Directive

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

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

VIII. Concluding Observations

Chapter 5. Freedom of Religion

I. Introduction

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

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

IV. Article 6 of the Dutch Constitution

V. Freedom of Religion and Equal Treatment

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

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

VIII. Concluding Observations

B. Integration Requirements, EU Law and International Agreements
Chapter 6. The Right to Free Movement in European Union Law

I. Introduction

II. The Right to Free Movement of EU Citizens

III. Family Members of EU Citizens

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

V. Swiss Nationals and their Family Members

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

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

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

IX. Concluding Observations

Chapter 7. International Relations and Labour Migration

I. Introduction

II. International Agreements Concluded by the European Union

III. International Agreements Concluded by the Netherlands

IV. Labour Migration

V. Concluding Observations

C. Integration Requirements and Equality

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

I. Introduction

II. Legal Framework Concerning the Right to Equal Treatment

III. Differential Treatment on the Grounds of Nationality

IV. Differential Treatment on the Grounds of Residence Purpose

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

VI. Summary and Concluding Observations

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

I. Introduction

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

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

IV. Concluding Observations

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

I. Introduction: the Problem of Reverse Discrimination

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

III. The Right to Equal Treatment in Situations of Reverse Discrimination

IV. Dutch Case Law

V. Reverse Discrimination under the Act on Integration Abroad

VI. Concluding Observations

Chapter 11. Conclusions

I. Integration Requirements as a Condition for Admission

II. Integration Objectives and the Content of Integration Requirements

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

Integration at the Border

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