Reunification of families” “

“Is it the right of families to be able to live together, or is it the right of member states to derogate from human rights?”: that’s the critical question posed by the European Christian organizations active in the field of immigration – including Caritas Europe, COMECE (Commission of the Episcopates of the European Union), Jesuit Refugee Service, International Catholic Commission for Migrations (ICMC), Quaker Council for European Affairs – in their reaction to the new Directive on family reunification issued by the European Council for justice and internal affairs on 27 February. The Directive lists a series of requisites and rules for the exercise of the right to reunification by the families of immigrants who are citizens of third countries but resident in the European Union. These requisites and rules include the eligibility to request to be reunited with a cohabiting partner, but not for a polygamous marriage; the reasons why a request may be turned down (public security, public health, marriage with another persons, false information or fake documents, etc.); and the prerogative of member states to request information or conduct investigations on the persons in question. Moreover, the Directive permits member states to “derogate from” the right of a family to be reunited with its children over the age of 12 years, pending further proofs. A member state may also limit the right of a family to be reunited with its children below the age of 15. The Christian organizations accuse the Directive of failing to take into consideration “the standards required by the international conventions for the safeguard of human rights”, since its regulations are too restrictive. “Unfortunately – says Denis Vienot, president of Caritas Europe – the final result is very discouraging. A Directive that aims to establish the rights to family reunification for foreigners resident in the European Union in actual fact provides for a multitude of cases in which member states may restrict or waive this right”. In particular, the Christian organizations challenge the provision making it possible for member states to “deny families reunification with children over the age of 12 or force them to endure very long waiting periods” and “to exclude persons receiving social benefits”. “By adopting this Directive – say the organizations – the member states are shirking their responsibilities to conform to the international standards of human rights in the process of the harmonization of EU legislation. This responsibility is all the greater if the guiding role of the EU is considered in the framework of enlargement. The Directive gives a negative signal to the countries about to enter the EU and to all the countries of Europe”.