The main principles of family reunification in the jurisprudence of the ECtHR

Réka Friedery - Bratislava Legal Forum


Family reunification is regulated directly or indirectly by several international legal instruments at universal and regional level. On regional level the Council of Europe’s documents and several conventions give general directions to the contracting states. The European Court of Human Rights was established by virtue of the European Convention of Human Rights, and has only jurisdiction with regard to the interpretation and application of the Convention and the Protocols, it is limited to its interpretation of the Convention and its case-law. Member States of the Council of Europe are obliged to respect the human rights of the Convention with regard to everyone within their jurisdiction, to ensure that all rights laid down in the Convention are respected and accessible on its territory. Parallel to this, Member States have margin of appreciation to interpret and implement the Convention. The paper aims to build a frame around the main principles of family reunification through the jurisdiction of the European Court of Human Rights.