Brussels, 09/07/2015 (Agence Europe) - EU member states may require third country nationals to pass a civic integration examination prior to family reunification.
This may be required so long as the examination is not excessively difficult to pass, the cost is not an obstacle to family reunification and provision is made for dispensations, according to the EU Court of Justice in a ruling (case C-153/14) delivered on Thursday 9 July.
In this case, referred from a Dutch court, the Court followed the argument of Advocate General Juliane Kokott (see EUROPE 11278). The judges noted that, in the context of family reunification other than that of refugees and their family members, Directive 2003/86/EC on the right to family reunification does not preclude member states from subjecting the granting of authorisation of entry into the territory to the observance of certain integration measures prior to entry.
A civic integration examination is, in those circumstances, a legitimate measure, the Court said. The reason is that an examination of this sort seeks to ease the integration of third-country nationals in the host state, by ensuring that the third-country nationals have acquired the basic knowledge needed of the language and society of the host country.
The Court found, however, that the legislation in force in the Netherlands does not observe two principles. Firstly, member states have to take specific individual circumstances, such as the age, level of education, economic situation and health, into account in order to be in a position to dispense the family members concerned from the requirement to pass a civic integration examination. Secondly, the costs incurred in the examination must not be excessive. In the Netherlands, however, costs are high, the examination preparation pack being priced at €110 and course fees at €350. (Jan Kordys)