Publication

Integration measures, integration exams, and immigration control: P and S and K and A

Intensive public debates have erupted about integration of immigrants in Europe. The influx of refugees from the middle east during the summer and autumn of 2015, the increasing visibility of immigrants throughout European societies, but also the widely publicized occurrences on New Year’s eve in Cologne and other German cities, have put policies on the integration of immigrants yet again on the political agenda and into the heart of public discourse.

Author: Moritz Jesse
Date: 03 August 2016

In summer 2015, the ECJ had to decide about the legality of Dutch integration measures in the light of Directive 2003/86 on family reunification for third-country nationals and Directive 2003/109 creating a long-term residence status for third-country nationals.

Germany, Austria, and France have also included integration exams such as the Dutch ones at issue in their civic integration policies with varying degrees of strictness. The judgment of the Court will thus have effects beyond the Netherlands. As this case note by Moritz Jesse will show, civic integration policies might have to be reformed. The current political climate and the exposure of these policies to intensive public scrutiny will not make such changes easy for national governments.

Case C-579/13, P and S v. Commissie Sociale Zekerheid Breda and College van Burgemeester en Wethouders van de gemeente Amstelveen, judgment of the Court (Second Chamber) of 4 June 2015, EU:C:2015:369, and Case C-153/14, Minister van Buitenlandse Zaken v. K and A, judgment of the Court (Second Chamber) of 9 July 2015, EU:C:2015:453