CJEU - Opinion of AG Mengozzi in Case C-257/17 C and A, 27 June 2018

Wednesday, June 27, 2018

On 27 June 2018, Advocate General Mengozzi delivered his Opinion on Case C-257/17 C and A, which concerned the conformity with the Family Reunification Directive (FRD) of a Dutch legislation requiring third-country nationals who have a right of residence by virtue of family reunification and who wish to benefit from an autonomous residence permit independent from that of the sponsor to pass a second civic integration examination beforehand.

The Advocate General submits that Article 15(4) FRD, which leaves to national law to establish the “conditions relating to the granting and duration of the autonomous residence permit”, should be interpreted as covering formal or administrative conditions only, thus not encompassing substantive ones, such as passing a second civic integration examination.

Accordingly, in his view, the Family Reunification Directive precludes national legislation which provides that an application for an autonomous residence permit on the part of third-country national who has resided lawfully for more than five years in the territory of a Member State for the purposes of family reunification may be rejected because of non-compliance with substantive conditions relating to integration. Finally, the Advocate General considers that the effects of the autonomous right of residence must commence, at the latest, on the date on which that application is made.

Based on an unofficial translation by the ELENA Weekly Legal Update.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.



Family reunification
Residence document