THE RIGHT OF FAMILY REUNIFICATION IN ALBANIA

Erjona BANA (canaj) ()
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Erjona BANA (canaj): Commissioner PeopleÕs Advocate of the Republic of Albania.

Perspectives of Law and Public Administration, 2022, vol. 11, issue 1, 39-49

Abstract: Family reunification has been one of the main reasons for immigration into the EU for the past twenty years. It is an entry channel enabling those who already reside legally in a Member State to be joined by their family members. This study is focused on family reunion in Albania. The aim of this paper is to analyse if EU rules and in particular the Directive 2003/86/EC on family reunification and Directive 2004/38/EC on free movement of persons in the EU have been implemented correctly. The Directive 2003/86/EC on family reunification establishes common rules for exercising the right to family reunification in EU Member States. This Directive has been implemented in Albania. Albanian legislation seems to be conformed EU standards. It determines the conditions under which family reunification is granted, establishes procedural guarantees and provides rights for the family members concerned. However, we will analyse the conditions before allowing family reunification such as economic criteria, adequate accommodation, the waiting period, integration measures etc. The legal framework, which deals with family reunification in Albania, is composed of the Constitution of the Republic of Albania, Law no. 108 dated 28.03.2013 "On foreigners" and Law no. 10 dated 01.02.2021 "On Asylum in the Republic of Albania". This research paper provides an overview of rules and procedures for the family reunification of foreigners in the Republic of Albania. This paper also highlights some of the challenges in the application, interpretation and development of family reunification rules currently present in the Republic of Albania.

Keywords: : the right of family reunification; conditions; implementation; Directive 2003/86/EC; Law no. 108/2013 on foreigners; Law no. 10/2021 on Asylum in the Republic of Albania; legal procedures; etc. (search for similar items in EconPapers)
JEL-codes: K36 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:11:y:2022:i:1:p:39-49

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