TY - JOUR
T1 - Integration (of Immigrants) in the European Courts’ Jurisprudence
T2 - Supporting a Pluralist and Rights-Based Paradigm?
AU - Bottero, Matteo
PY - 2023
Y1 - 2023
N2 - The concept of integration is the subject of various immigration policies but is still lacking a proper legal definition. In view of the abiding interest of the EU Member States to preserve their sovereignty over immigration, it is at serious risk of being instrumentalised for this purpose. Taking such circumstances into account, this article reflects on the model of integration resulting from the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights and questions the capacity of the two courts to advance a pluralist and rights-based paradigm of integration. On the one hand, it acknowledges the progressive enhancement of the protection of the immigrants’ fundamental and human rights. On the other hand, it points out the contradictions of a narrative that appears intrinsically incompatible with the very idea of pluralism by conceiving integration primarily as civic and cultural assimilation and placing most of the integration burden on the immigrants’ side.
AB - The concept of integration is the subject of various immigration policies but is still lacking a proper legal definition. In view of the abiding interest of the EU Member States to preserve their sovereignty over immigration, it is at serious risk of being instrumentalised for this purpose. Taking such circumstances into account, this article reflects on the model of integration resulting from the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights and questions the capacity of the two courts to advance a pluralist and rights-based paradigm of integration. On the one hand, it acknowledges the progressive enhancement of the protection of the immigrants’ fundamental and human rights. On the other hand, it points out the contradictions of a narrative that appears intrinsically incompatible with the very idea of pluralism by conceiving integration primarily as civic and cultural assimilation and placing most of the integration burden on the immigrants’ side.
KW - Faculty of Law
KW - immigration
KW - integration
KW - Family reunification
KW - expulsion
KW - Court of Justice of the European Union
KW - European Court of Human Rights
U2 - 10.1007/s12134-023-01027-7
DO - 10.1007/s12134-023-01027-7
M3 - Journal article
VL - 24
SP - 1719
EP - 1750
JO - Journal of International Migration and Integration
JF - Journal of International Migration and Integration
SN - 1488-3473
ER -