Family Migration Policies Research Articles

A proper wife, a proper marriage: Constructions of ‘us’ and ‘them’ in Dutch family migration policy

Migration policy is a product and producer of identities and values. This article argues that discourses and policies on family reunification participate in the politics of belonging, and that gender and family norms play a crucial role in this production of collective identities, i.e. in defining who ‘we’ are and what distinguishes ‘us’ from ‘the others’. Tracing the development of political debates and policy-making about ‘fraudulent’ and ‘forced’ marriages in the Netherlands since the 1970s, the authors examine how categories of gender and ethnicity interact with ‘other’ transnational marriages and the women who engage in them. These practices of ‘othering’ legitimize restrictive reforms of marriage migration policies. Also, and no less importantly, they serve the symbolic function of defining Dutch identity, and show that the government protects this identity.

Fortress Europe or Europe of Rights? The Europeanisation of Family Migration Policies in France, Germany and the Netherlands

Abstract Are the restrictive reforms of family migration policy recently implemented in France, Germany and the Netherlands a result of the introduction of the Family Reunification Directive in 2003? Most existing literature on the Europeanisation of migration policies suggests that restriction-minded national governments shift decision-making to the EU level to escape domestic political and judicial constraints. However, as the Treaties of Amsterdam and Lisbon have empowered the Commission and Court to constrain restrictive reform, this perspective is losing analytical validity. Also, this perspective fails to capture the intensifying processes of policy transfer among Member States, which have inadequately been labelled ‘horizontal’ Europeanisation. We therefore propose a new, actor-centred analytical framework of Europeanisation. We show that contrasting yet parallel dynamics of Europeanisation may emanate from a single legislative instrument and may constrain and empower national governments at the same time.

The Rise and Fall of the Breadwinner Citizen, as Reflected in Dutch and EU Migration Law

This article first analyses the assumptions concerning the family and its relationship to the state, as well as linked assumptions concerning citizenship, that underlie current Dutch family migration policies (including the recent proposals for new restrictive measures). It next compares the national with the EU perspective on family, (welfare) state and citizenship, considers to what degree these differ, and reflects on what, in the process of harmonising family migration policies, might be at stake in terms of social relations within the EU.

The Power and Morals of Policy Makers: Reassessing the Control Gap Debate

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.

Between Integration Provision and Selection Mechanism. Party Politics, Judicial Constraints, and the Making of French and Dutch Policies of Civic Integration Abroad

AbstractBoth 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.

Reviews: The Family and the Nation. Dutch Family Migration Policies in the Context of Changing Family Norms

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!