Brussels, 29/01/2015 (Agence Europe) - The integration obligation imposed by Dutch law on long-term third-country residents complies with the directive on the status of long-term non-EU residents (2011/51/EU), provided that it does not constitute a condition for the maintenance of that status.
Such is the view of Advocate General Maciej Szpunar in an opinion delivered on Wednesday 28 January in a case (C-579/13) brought by a New Zealand national against Dutch local authorities. The Court of Justice was asked by the Dutch Higher Social Security Court about the legality, with regard to the above-mentioned directive, of the integration obligation imposed by Dutch law on third country nationals, including those who have lived in the country for more than five years (long-term residents) requiring them to pass an examination testing their Dutch-language proficiency and basic knowledge of Netherlands society. Failure to comply with that duty within a certain time attracts a fine.
The Advocate General takes the view that the imposition of an integration requirement is in line with the directive, which allows member states to impose integration conditions. This obligation must not call into doubt the maintenance of long-term resident status of third country nationals who have long been resident in the country. In particular, he says, making the maintenance of that status or the exercise of the rights which flow from it conditional on passing an exam such as that described above would not contribute to attainment of the objective pursued by integration measures, that is to say, facilitating the social integration of the person concerned. Further, such an obligation - accompanied as it is by penalties - would be disproportionate in terms of the objective of the directive, in that it does not allow for individual evaluation of a network of integrating connections centring on family, work, neighbourhood relations or hobby pursuits that are indicative, too, of the person's level of integration. (FG)