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Project

The meaning of the sufficient resources condition in European migration law

One of the elements which over the past years have received a lot of attention in the European Union's migration policy is the impact of migration on the social systems of the host Member States. In order to protect the national solidarity mechanisms against use thereof by immigrants, the EU introduced in its migration law instruments a number of sufficient resources requirements as a condition for obtaining and keeping the right to reside. However, these provisions have led to much confusion and arbitrary applications, which is highly problematic for the persons and institutions involved. This is due to the very divergent and vague wording of the relevant provisions. In addition, they are implemented differently in the Member States' national legislation and legal disputes about the application of these requirements and their compatibility with fundamental rights, both in national and European courts, keep increasing. This research aims first at analysing the meaning of the sufficient resources conditions in the various EU legal instruments and at comparing their transposition into the Member States' law. It will highlight the lack of clarity and the inconsistencies. Secondly, the research will develop proposals that should contribute to more legal certainty and to the conformity of these requirements with fundamental rights and general principles of law.
Date:1 Jan 2018 →  31 Dec 2021
Keywords:EU, MIGRATION LAW
Disciplines:Law, Other law and legal studies