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Preliminary ruling procedure and family reunification rules in the EU - Term Paper Example

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Dr Soiderdine Hajimaditchama, being a citizen of Italy is has come to New Caledonia as a dignitary and also owns a small consultancy business in the country. His wife Cathy, a citizen of Papua, suffers from insomnia and wants her children to come and live with them. Though the…
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Preliminary ruling procedure and family reunification rules in the EU
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Download file to see previous pages The primary purpose of framing policies, rules and regulations is to protect the citizens and safeguard their interests. Countries that host citizens from other countries desire to limit the number of their families coming to the host countries primarily with an objective of safeguarding the interests of the natives. However, every law leaves scope for exemptions based on peculiar circumstances or situations that warrant the relaxation of the law, depending on the merits of specific individual cases. In the instant case, despite the fact that the relevant laws in Caledonia do not permit family reunification with children, the unique circumstances under which Cathy’s case deserve merit need to be considered.
It transpires that laws in New Caledonia, which preempts the appellant from the family reunion with her children, focus on the “preservation of the specificity of certain regions within the Member States” and it becomes a difficult proposition to exercise European citizenship-rights in sub-nations (Kochenov 308). Therefore, many people have started to feel the necessity for the provision of a “legal assessment of the regional citizenships found in EU Member States” with reference to the laws of the EU (308). The instant case illustrates how the technical snags in legal systems affect individuals and their families, especially when they are ailing and requiring the presence and support of family members. Thus, in the absence of specific laws in New Caledonia to permit Cathy’s reunion with her children, the case needs to be reviewed from the perspective of the aforesaid two directives.
Evidence also suggests that the current legal framework pertaining to regional citizenship tends to “discriminate on the basis of nationality” as can be perceived in the case of Cathy (309). As a consequence, one region prevents a person from citizenship there, while other regions ...Download file to see next pagesRead More
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