Stefano Montaldo

The Compatibility with EU Law of Integration Tests for Regular Migrants: The Decision of the Court of Justice in the case "P. and S."

  • Abstract

Informations and abstract

Keywords: Integration; Exam; Condition; Measure; Proportionality

Directive 2003/109/EC on long-term residents and Directive 2003/86/EC on family reunification both provide for integration clauses. The clauses allow Member States to impose upon third country nationals integration conditions or measures, whose respect is a compulsory criterion for the exercise of the rights conferred by these Directives. In many national legal orders, these conditions and measures take the shape of basic integration exams, which the Court confirms to be compatible with EU law. However, the organization and the contents of these exams must pass a strict proportionality test. Moreover, they must not display selective effects and must favour the achievement of the aim pursued by the Directives, namely the integration of third country nationals in the hosting States.

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