Integration at the Border: The Dutch Act on Integration Abroad and International Immigration Law

ISBN-13: 9781849464109 / Angielski / Twarda / 2013 / 440 str.

Karin De Vries

Opis

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 clarifies 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 integration requirements. It explores the historical and political origins of the Dutch Integration Abroad Act 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 it draws conclusions as to the lawfulness of the Dutch approach. It is a compelling analysis of the state of international integration law that will be of interest to scholars and practitioners alike. (Series: Studies in International Law - Vol. 44)

Spis treści

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