Family Life and Immigration - Developments in the Case-Law of the European Court of Human Rights and the Court of Justice of the European Union

Abstract

In 2015, more than one million migrants arrived in Europe. Both the European Court of Human Rights and the Court of Justice of the European Union’s case law evolved accordingly, reinforcing the protection of the right to respect for the family life of migrants and refugees. The present article analyses and compares the courts’ case law on this topic by focusing on three main points: the best interests of the child, the removal of migrants and discrimination. It looks at cases involving the detention of children, family reunification, deportation measures and discrimination on the grounds of ethnic origin, nationality, or sexual orientation. It concludes that while there exists a difference in functions and extent of powers between the two institutions, both Courts strive to protect the right to respect for the family life of migrants.