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

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ISBN13: 9781849464109
Published: July 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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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 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.

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Subjects:
EU Law
Contents:
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