Dialogue across Courts: the CJEU, the ECtHR, and the rights of migrant women

Abstract

This article argues that the similarities between the case law of the European regional courts in respect of family migration are significant. Many of the judgments concerning the right of a migrant spouse of an EU citizen to reside in the EU demonstrate that national migration laws are still influenced by the male bread winner ideal. Building upon the work of intersectional feminist scholars, this article argues that the judgments reveal gendered vulnerabilities on the account of intersecting identities, including class, race and ethnic origin. While both courts are aware of intersectional discrimination, they rarely apply this concept in their judgments. This article concludes that the ongoing dialogue between the two regional courts is ever important as it is likely to have a lasting impact on how gender-related vulnerabilities are viewed in Europe in the future.