Search results

Dit boek gaat over hoe Nederlandse politici en ambtenaren in de afgelopen vijftig jaar de regels hebben vastgesteld voor gezinsmigratie. Het reconstrueert de termen waarin het beleidsdebat gevoerd werd en het verloop van de besluitvorming. Waar de discussie in de jaren vijftig en zestig draaide om de overkomst van gezinnen van gastarbeiders, ging het in de jaren zeventig en tachtig over gelijke behandeling van mannen en vrouwen, homoseksuele en heteroseksuele relaties, en migranten en Nederlanders, en vanaf de jaren negentig over beperking van de instroom, eigen verantwoordelijkheid en de plaa

The impact of the judiciary on immigration policies has been simultaneously overestimated and underestimated. Migration scholars broadly assume that courts have forced liberal states to admit unwanted migration. Based on an analysis of family migration policy making in the Federal Republic of Germany (1975‐90), I show that the direct policy impact of court rulings was limited, as courts were reticent to impinge upon democratic sovereignty. However, the indirect impact of the courts was substantial. Political actors amplified the implications of rulings by interpreting the jurisprudence selectively and expansively. Thus, they turned speaking of rights into a powerful political resource.

http://www.editions-universite-bruxelles.be/fiche/view/2669 ; Le fichier attaché à cette référence, version publiée de l'œuvre, est librement accessible, sans embargo, en accord avec les Editions de l'Université de Bruxelles ; info:eu-repo/semantics/published

For more than 15 years, there has been a lively debate among migration scholars in Europe and North America about how to explain "why liberal states accept unwanted migration." This paper assesses existent hypotheses in the "most-likely" case of the making of Dutch family migration policies. This empirical test raises serious doubts as to the validity of the broadly shared assumption that national policy makers have lost the power to regulate migration flows. Accounts that focus on the mechanisms of domestic politics do yield valuable insights, but fail to capture the crucial role of immaterial values in the decision-making process.

Both the Netherlands and France have recently introduced civic integration abroad policies, which stipulate that family migrants are to learn about the language and customs of the host society, before being admitted to the country. The Dutch program however is much more stringent than the French. While France requires only participation in an evaluation and course that are organised and financed by the French state, the Dutch government has made entry conditional upon passing a test and does not offer courses. In this article, I propose two explanations for the significant differences between the modalities of the Dutch and French civic integration abroad programs. The first is related to party politics, that is to the positions adopted by political parties and the relations between them; the second to the different judicial constraints that weigh upon family migration policies in France and in the Netherlands. ; info:eu-repo/semantics/published

Abstract
Critical scholars have long called for state recognition of de facto families, beyond legal or biological ties, as a pathway toward inclusion of more diverse family forms. This article asks to what extent recognition of de facto families indeed leads to more inclusion, in the context of a restrictive immigration regime in which families need state permission to live together. It zooms in on migration law practice in the Netherlands, through an analysis of laws and regulations, work instructions of street-level implementers, and interviews with migration lawyers. It finds that conceptions of family-as-doing which focus on practices of dependency and care play a small but significant role in Dutch migration law, enabling inclusion of families beyond the nuclear model. However, recognition of de facto families may lead to new forms of state scrutiny of intimate lives, as well as to new forms of exclusion.