ABSTRACT

After the Treaty of Lisbon, the need for European asylum policy to respect fundamental rights, including the right to family life, was acknowledged in Article 6 of the TEU in general terms. This article states that the Charter is legally binding, and Article 78(1) of the TFEU specifically states that treaties on the refugee status and on human rights are binding as regards measures on asylum.1 The right to family life is provided for in Article 17 of the ICCPR; in Article 8 of the ECHR;2 and in Article 7 of the Charter,3 and has been recognized by the CJEU as part of the common constitutional traditions of the Member States.4