October 28
2021
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2nd September 2021
Human Rights

Op-Ed: “Family reunification : when the ECtHR navigates within the EU legal order… ” by Laurence Burgorgue-Larsen

A Grand Chamber judgment (A.M. v Denmark, application no. 6697/18) adopted on 9 July 2021 by 16 votes to one (that of the Monégasque judge), on a highly sensitive issue (the regulation of family reunification) and which delivers a pro persona solution, can only be noted. For the first time in its history, the European Court of Human Rights (ECtHR) was faced with the novel question of whether ‘the imposition of a statutory waiting period for access to family reunification for persons enjoying subsidiary protection or temporary protection status is compatible with Article 8 of the Convention’ (§130). In this case, the waiting period imposed by Danish legislation was three years: it was on this basis that the applicant (a Syrian doctor who

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