Case summaries

  • My search
  • Relevant International and European Legislation
    1
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Reset
CJEU - C‑153/14, Minister van Buitenlandse Zaken v K and A
Country of applicant: Azerbaijan, Nigeria
Keywords: Individual assessment, Integration measures

The first subparagraph of Article 7(2) of the Family Reunification Directive allows the imposition of integration measures of Third Country Nationals in principle. However the general principle of proportionality requires integration measures to actually fulfil the objective of integrating TCNs and not delimiting the possibility of family reunion.

Member States must therefore consider the individual circumstances of the applicant which can lead to dispensing with the integration exam where family reunification would otherwise be excessively difficult.

Date of decision: 09-07-2015
Relevant International and European Legislation: European Union Law,EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003,Article 1,Article 4,1.,Article 6,Article 7,Article 8,Article 17
CJEU - C‑540/03, European Parliament v Council of the European Union
Keywords: Best interest of the child, Family reunification, Integration measures

The European Parliament sought the annulment of Article 4(1), Article 4(6) and Article 8 of the Family Reunification Directive, as being incompatible with the right to respect for family life and non-discrimination based on age.

The Court found that these provisions created a limited margin of appreciation for Member States which was no greater than that allowed for in ECtHR case law, and could be exercised compatibly with fundamental rights.

Date of decision: 27-06-2006
Relevant International and European Legislation: EN - Charter of Fundamental Rights of the European Union,Article 7,Article 21,Article 24,EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003,Article 3,Article 4,Article 5,Article 8,Article 16,Article 17,Article 18,Article 8,UN Convention on the Rights of the Child,EN - Treaty on European Union,Article 6