The present master thesis examines the conditions for family reunification under Directive 2003/86/EC, with particular focus on the condition of the alien's prior lawful residence introduced by Article 8 of the Directive. This condition is assessed through the prism of two criteria - the right to family life and the best interests of the child. An analysis of the literature and case-law of the European Court of Human Rights and the Court of Justice of the European Union reveals the problematic nature of the condition laid down in Article 8 of the Directive, both from the point of view of its compatibility with the right to family life and from the point of view of its compatibility with the principle of the best interests of the child.
The Master thesis highlights the shortcomings of the condition of prior lawful residence of the alien and points out the possibilities for improving the current legal framework.
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