By Laura Block
Laura Block asks how liberal democracies have the ability to limit migration despite liberal constraints. She analyses the political debates surrounding spousal migration regulations from 2005–2010 in Germany and divulges executive options that limit spousal migration whereas staying in the discursive realm of person rights. via circumscribing and scrutinising either the club prestige essential to entry the suitable to kin safety and the relatives ties in query, proscribing spousal migration is legitimised.
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Additional resources for Policy Frames on Spousal Migration in Germany: Regulating Membership, Regulating the Family
Example text
The first perspective highlights the power struggle between religious institutions and the state over the authority to regulate marriages, which is connected with a claim to sovereignty. In the context of migration policies, different religious institutions and national authorities compete over the power to regulate and thus define marriages as an expression of their sovereignty. Secondly, one can focus on the “extensive regulatory involvement and coercive presence of the public power in the terrain of marriage” (Vogel 2000: 179).
While the German case is dealt with extensively in chapters 3, 4, 6 and 7, a more comprehensive overview of recent legislative changes in selected other European countries is presented in chapter 5. See Kraler (2010: 29-49) and Groenendijk et al. (2007) for overviews of family migration policies across Europe. 54 a foreign resident in possession of a valid residence permit. Accordingly, irregular migrants who are not legal members of the community do not enjoy family migration rights in most polities.
Significantly, it is this negative view of family migration that has acquired salience in recent years: family migration thus seems to be increasingly perceived as unwanted in many Western European states. At the same time, however, these same states, especially in their capacity as liberal democracies, are under pressure to protect the fundamental rights of their individual members to the protection of marriage and family life. How can the liberal state limit family migration to achieve its migration management goals without completely disregarding its human rights obligations?