CoordEurop Green Paper on the right to family reunification of third-country nationals - Brussel May 2012 COORDEUROP Coordination européenne

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1 CoordEurop The European Coordination for the Foreigners right to family life is a non profit, Belgian international association, founded in 1994, composed by 19 international and national organisations in Belgium, France, Germany, Greece, Italy and Spain. The organizations members come from associations of families and migrants and associations for solidarity and defense of human rights. People are involved in the migrants integration issues specifically linked to familial context: right to family life, awareness of active citizenship, cultural mediation, long-life adults learning and training, minors education and schooling, alphabetization. The Coordination offers consulting activities to its own organizations in transnational projects, organizes international meetings on migrants integration issues, promotes the collaboration between its associations and other European organizations by the creation of learning partnerships within LLP projects. It organizes and promotes campaigns of awareness addressing politic and institutional decision-makers about migrants integration issues. Green Paper on the right to family reunification of third-country nationals - Brussel May

2 Commission's Green Paper on the right to family reunification of third-country nationals under Directive 2003/86 Brussel May 2012 At the end of the consultation period, 120 responses were received. These were distributed among stakeholder type as follows: 24 Member States and Turkey, 3 national parliaments, 21 international organisations, 5 local or regional administrations, 46 national organisations (NGOs, social partners, political organisations) 19 individuals (including academics in their individual capacity). All relevant replies are publicly available on the Commission's website Green Paper on the right to family reunification of third-country nationals - Brussel May

3 The consultation covered the following topic areas Scope of the application of the Directive Requirements for the exercise of the right to family reunification Entry and residence of family members Asylum related questions Fraud, abuse and procedural issues Green Paper on the right to family reunification of third-country nationals - Brussel May

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15 Member States and Turkey Most Member States felt that there was no problem in this areas and the horizontal clauses did not require changes (AT, BE, CY, DE, FR, LT, LU, MT, NL, PL, RO, SK). EE sought information exchange and application guidelines. CZ stated that Member States should do more to ensure compliance with the clauses in practice. Turkey sought clarification of the term 'minor children' in the first horizontal clause. International organisations, social partners and NGOs A number of different points were made in relation to horizontal causes: Care for Europe called for better training for officals making decisions; COMECE argued that the best interests of the child should be considered at all stages, not just examination; CoordEurope flet that horizontal clauses must be consolidated into law without needing recourse to the courts and that a third horizontal clause should be added ('The Right to family life is a universal right'); the International Commission of Jurists stated that the location and wording of the horizontal clauses in the Directive may contribute to national authorities disregarding the principle of the best interests of the child and argued that he language should be changed and additional text included; TDHIF argued that in order to make the principle of the best interests of the child effective, there must be a requirement to provide a statement of motivation for judgments and administrative decisions and that decisions should be opened to judicial review. Green Paper on the right to family reunification of third-country nationals - Brussel May

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