Integration Requirements For Household Unit Of Measurement Reunion: The Cjeu Limits Fellow Member States’ Discretion

Steve Peers

Many Member U.S. have, inwards recent years, required non-EU citizens who would similar to bring together their household unit of measurement members inwards the European Union to range a shape of integration essay first. The EU’s household unit of measurement reunion Directive, which governs the seat of household unit of measurement members who desire to bring together non-EU citizens, expressly gives Member U.S. the option: household unit of measurement members ‘may go required to comply amongst integration measures’. However, inwards the cases of the household unit of measurement members of refugees in addition to highly-skilled migrants who direct maintain an European Union Blue Card, the integration measures tin solely go applied later on they come upwards to the country.

What are the limits – if whatever – on Member States’ discretion to impose such requirements? The CJEU answered that inquiry for the outset fourth dimension today, inwards its judgment inwards K in addition to A.

Judgment

The Dutch authorities has implemented the household unit of measurement reunion Directive amongst an integration requirement: a essay on Dutch linguistic communication in addition to society. There are exceptions for ‘very special private circumstances’. Family members must pay €350 to bring the course, in addition to €110 to purchase the report pack. The illustration concerns citizens of Nigeria in addition to Republic of Azerbaijan who had argued that they should go exempt from the course of report on wellness grounds, but the Dutch authorities rejected their arguments. They challenged those decisions earlier the Dutch courts, which asked the CJEU to translate the Directive.

The Court begins yesteryear repeating prior illustration police line which stated that Member U.S. must acknowledge household unit of measurement members to their territory if they run across the weather condition laid upwards out inwards the Directive. It in addition to thus confirms that Member U.S. tin indeed impose an integration requirement on applicants for household unit of measurement reunion before entry, unless they are joining a refugee. But the Court applies prior illustration police line yesteryear analogy (Chakroun, on the minimum resources requirement inwards the Directive) to insist that the ‘integration’ status must go interpreted strictly, in addition to that Member U.S. cannot utilisation it to undermine the principal role of the Directive: facilitating household unit of measurement reunion.

Next, the Court invokes the regulation of proportionality. In this case, it agency that whatever integration measures must go linked to the actual role of facilitating household unit of measurement members’ integration. As inwards its recent P in addition to S judgment on integration measures for long-term resident non-EU citizens (discussed here), the Court accepts that a essay on the host State’s linguistic communication in addition to social club is a legitimate way of ensuring integration.

However, the Court emphasises that the weather condition relating to the integration requirement can’t transcend its aims. This would ‘in particular’ range off if the requirement ‘were systematically to prevent’ household unit of measurement reunion fifty-fifty though, ‘despite having failed the integration examination, they direct maintain demonstrated their willingness to pass’ it in addition to ‘have made every effort’ to do so. The integration tests cannot go aimed at ‘filtering’ household unit of measurement members, but instead must really aid them integrate.

The Court went on to require Member U.S. to watch ‘specific private circumstances, such equally the age, illiteracy, grade of education, economical province of affairs or health’ of a household unit of measurement member, ‘in monastic enjoin to dispense’ them from the integration essay where those circumstances brand the household unit of measurement fellow member ‘unable to bring or range that examination’. Otherwise the essay would create a ‘difficult obstacle’ to the household unit of measurement reunion right, in addition to circumvent the requirement to brand a ‘case-by-case’ determination on applications. Overall, then, Dutch police line on integration measures went beyond the limits imposed yesteryear European Union police line (as interpreted yesteryear the Court), since the hardship clause inwards the Dutch police line laid upwards out fewer exceptions from the integration requirement than European Union police line allowed.

Finally, the Court ruled (as inwards prior judgments on long-term residence) that the Dutch fees were also high, also forming an obstruction to the effective practise of household unit of measurement reunion, inwards conjunction amongst move costs, considering that they had to go paid also when the essay was retaken.

Comments

It should go noted that the household unit of measurement reunion Directive doesn’t apply to the UK, Republic of Ireland or Denmark. It also doesn’t apply to the non-EU household unit of measurement members of European Union citizens. Those people are either exterior the reach of European Union police line (if they bring together an European Union citizen inwards that citizen’s ain Member State), or autumn inside the reach of the European Union citizens’ Directive (if they bring together an European Union citizen inwards a dissimilar Member State). The citizens’ Directive doesn’t permit for whatever integration requirement. Family members of Turkish citizens are also inwards a dissimilar situation: equally discussed here, at that topographic point is a ‘standstill’ requirement on novel restrictions on their household unit of measurement reunion. So novel integration requirements tin solely go introduced on world involvement grounds.

Turning to the judgment, it’s no surprise that the Court upheld the validity of integration measures requirements inwards principle. They are expressly provided for inwards the legislation in addition to there’s a audio declaration that it makes feel for newcomers who aim to settle inwards a province to acquire its linguistic communication in addition to close its society. But it’s also a potential bound on the correct to household unit of measurement reunion.

The Court’s judgment does a skilful chore trying to residue these conflicting principles. Although the Court unfortunately doesn’t holler the correct to household unit of measurement life, that correct nonetheless suffuses this judgment, equally the Court identifies a world involvement ground to confine that correct in addition to and thus subjects this restriction to the regulation of proportionality.  So the integration tests must go genuine, non but an essay to cut down numbers of novel entrants. The Court fifty-fifty suggests that those who are really willing to range the essay in addition to made the drive to do thus ought non to go denied household unit of measurement reunion, presumably fifty-fifty if they direct maintain non really passed it.

Indeed, this is a non-exhaustive listing of when the regulation of proportionality applies (‘in particular’). There is a requirement to watch private cases in addition to again, the listing of circumstances which the Court insists that Member U.S. watch (age, illiteracy, education, finances in addition to health) is non exhaustive (‘such as’). The Court also comes downward hard 1 time again on the high fees charged to migrants yesteryear the Dutch government.

This judgment volition go especially useful to those migrants who direct maintain lower incomes in addition to those who come upwards from developing countries, where the grade of instruction is non e'er equally high. (Unlike the Advocate-General, the Court does non verbalize over the exception from the integration essay inwards Dutch police line for migrants from about wealthy countries). While at that topographic point are skilful reasons to aspect migrants to acquire their host country’s linguistic communication in addition to to know close its civilisation – for both the sake of both migrants in addition to the host country’s social club – at that topographic point is also a powerful declaration that spouses, parents in addition to children should go able to taste household unit of measurement life together. In significantly limiting States’ might to insist that people range an integration essay earlier they tin alive amongst their loved ones, the Court has made the correct choice.

Barnard & Peers: chapter 26

Photo credit: vorige.nrc.nl

Share this post