The Best Interests of the Child in EU Family Reunification Law: A Plea for More Guidance on the Role of Article 24(2) Charter

Abstract:

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 Article 24(2) of the Charter of Fundamental Rights of the European Union. In EU family reunification law, the best interests of the child are mentioned in Directive 2003/86/EC on the right to family reunification. 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 reunification cases.

In this contribution it is argued that, although the contexts of family reunification 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 reunification cases.