Family Reunification Rights of (Migrant) Union Citizens: Towards a More Liberal Approach

Over the years, in the case‐law of the European Court of Justice (ECJ) determining the availability of family reunification rights for migrant Member State nationals, the pendulum has swung back and forth, from a ‘moderate approach’ in cases such as Morson and Jhanjan (1982) and Akrich (2003), towards a more ‘liberal approach’ in cases such as Carpenter (2002) and Jia (2007). Under the Court's ‘moderate approach’, family reunification rights in the context of the Community's internal market policy are only granted in situations where this is necessary for enabling a Member State national to move between Member States in the process of exercising one of the economic fundamental freedoms; in other words, where there is a sufficient link between the exercise of one of those freedoms and the need to grant family reunification rights under EC law. Conversely, under the Court's ‘liberal approach’, in order for family reunification rights to be bestowed by EC law, it suffices that the situation involves the exercise of one of the market freedoms and that the claimants have a familial link which is covered by Community law; in other words, there is no need to illustrate that there is a link between the grant of such rights and the furtherance of the Community's aim of establishing an internal market. The recent judgments of the ECJ in Eind and Metock (and its order in Sahin) appear to have decidedly moved the pendulum towards the ‘liberal approach’ side. In this article, it will be explained that the fact that the EU is aspiring to be not only a supranational organisation with a successful and smoothly functioning market but also a polity, the citizens of which enjoy a number of basic rights which form the core of a meaningful status of Union citizenship, is the major driving force behind this move. In particular, the move towards a wholehearted adoption of the ‘liberal approach’ seems to have been fuelled by a desire, on the part of the Court, to respond to a number of problems arising from its ‘moderate approach’ and which appear to be an anomaly in a citizens' Europe. These are: a) the incongruity caused between the (new) aim of the Community of creating a meaningful status of Union citizenship and the treatment of Union citizens (under the Court's ‘moderate approach’) as mere factors of production; and b) the emergence of reverse discrimination. The article will conclude with an explanation of why the adoption of the Court's liberal approach does not appear to be a proper solution to these problems.     

Where Do I Belong? Narratives of Rodina among Russian-speaking Youth in Kazakhstan

Abstract

This essay engages critically with the personal narratives of rodina (home, motherland) among Russian-speaking youth in post-Soviet Kazakhstan. It is argued that the concept of rodina as an important locus of belonging cannot be imbued with a single meaning; instead, it is characterised by internal conflicts and variations. Supported by empirical material, the essay moves beyond the confines of ‘nation’ and ‘nationality’ to illustrate the different ways in which Russian speakers frame their perception of rodina, and how such narratives can influence the construction of self- and community-identification.     

Mental health, quality of life, and health functioning in women veterans: differential outcomes associated with military and civilian sexual assault

The present study examined psychiatric, physical, and quality-of-life functioning in a sample of 270 women veterans receiving outpatient treatment at a Veterans Affairs medical center. Participants were interviewed regarding their civilian (CSA) and military sexual assault (MSA) histories, and data regarding quality of life and health outcomes were obtained through structured interviews and questionnaires. Women veterans with CSA histories reported significantly poorer physical, psychiatric, and quality-of-life functioning compared to those without a history of sexual assault. Furthermore, women veterans with an MSA history demonstrated additional negative consequences above and beyond the effects of CSA. The study sample was comparable to a national random sample of women veterans who access care in the Veterans Affairs healthcare system, increasing the generalizibility of the results.     

Measuring Control of Corruption by a New Index of Public Integrity

While the last 20 years saw the invention of corruption rankings, allowing comparison between countries and the shaming of corrupt governments, such measurements are largely based on the perceptions of experts, lacking both specificity and transparency. New research, based on a comprehensive theory of governance defined as the set of formal and informal institutions determining who gets what in a given context, allow for more specific and objective, albeit indirect, measurements of control of corruption. Such measurements focus on the institutional framework which empowers public integrity and eliminates many current anti-corruption tools, while validating others. Most importantly, it provides a broader specific context which can empower reforms based on evidence and a clear measure to determine status and progress of corruption control.     

Corruption framing and formation of action strategies: case of regional civil society organizations in Ukraine

Crime, Law and Social Change - This study analyzes how different approaches to corruption framing affect anti-corruption activities of civil society organizations (CSOs) and...     

Gourmet Can Have His Keck and Eat It!

Abstract: The touchstone of the judgment of the Court of Justice in Keck has been the question of how to apply the criteria allowing the exclusion of selling arrangements from the scope of Article 28 EC, in particular in respect of national regulatory rules relating to advertisement. This article examines the evolution of the Court's approach to selling arrangements in the light of the requirements set out in Keck. The judgment in Gourmet has added to the debates as it highlights the issue of the ‘market access’ test as a reference for the assessment of factual discrimination in respect of selling arrangements covered by the Keck exception. The article focuses on the impact of Gourmet on the determination of the outer limits of the scope of application of Article 28 EC, and thus attempts to find a place for Gourmet within the spectrum between the rejection of the judgment in Keck at one end, and the refinement of the requirement relating to ensuring that there is no factual discrimination between imported and domestic products in the application of national rules covered by the Keck exception, at the other.