| Abstract [eng] |
The master’s thesis analyzes the right of third-country nationals to family reunification in the European Union, its legal regulation, identifies the problems in the implementation of this right, and evaluates the prospects for the further development of legal regulation. The thesis establishes that the origins of the right to family reunification are linked to the free movement of workers, from which the right to family reunification initially emerged as a derivative and was applied only to European Union citizens, while an independent right for third-country nationals was established solely by the Family Reunification Directive. A comparison of the grounds for restricting the right to family reunification applicable to European Union citizens and third-country nationals shows that the restrictions set out in the Free Movement Directive cover public policy, public security, and public health reasons. In contrast, the Family Reunification Directive establishes grounds related to public order, public security, and the interests of public health. The thesis also finds that there is a tendency in the immigration policies of Member States to tighten the legal regulation of third-country nationals’ right to family reunification, often limiting it to the minimum standards established by European Union law. These changes are caused by concerns related to security, the preservation of national identity, and the potential additional burden on the public sector. Nevertheless, the Family Reunification Directive continues to serve as a “safeguard“, restricting excessive discretion by Member States. Finally, considering the latest requirements imposed by Member States for family reunification, it can be concluded that the prospects for the further development of the legal regulation of third-country nationals’ right to family reunification in the European Union are negative. |
