Afscheidsrede uitgesproken door Prof. mr. Peter R. Rodrigues bij gelegenheid van zijn emeritaat als hoogleraar op het gebied Immigratierecht aan de Universiteit Leiden op vrijdag 6 oktober 2023
Ever since the 2015 start of what is now often referred to as the European “migration “crisis”, European member states have been struggling with one of the key fundaments of the European Union and... Show moreEver since the 2015 start of what is now often referred to as the European “migration “crisis”, European member states have been struggling with one of the key fundaments of the European Union and in particular the Schengen Agreement: the principle of free movement. Whereas this principle entails that people should be able to move freely within the Schengen Area, as a result of the ongoing securitization and politicization of migration, Member States are exploring the different opportunities the Schengen Border Code allows them to monitor intra-Schengen cross-border mobility. In doing so, countries seem to have two options: either to temporarily reintroduce border controls or to – permanently – carry out police or immigration controls in an area around the border. In this article we explore and critically assess the choices various countries have made and what seems to be the position of the European Commission in all this. Show less
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... Show moreThe 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. Show less
Moerel, L.; Rodrigues, P.R.; Schutte, C.; Veraart, W.; Wilde, M. de 2017
