The Development of Integration Measures/Conditions in the Host Country Diego Acosta Arcarazo University of Sheffield

22/06/2015© The University of Sheffield Contents Why are we facing a development of integration measures and conditions? What are the limits to these integration conditions/measures imposed by EU Law?

Integration conditions Group One: Integration Contract Imposed When the TCN Enters the Territory Group Two: Integration Condition When the TCN Applies for the LTR Permit Group Three: No Integration Condition Imposed Austria France Germany Italy The Netherlands Luxembourg (Voluntary) Cyprus Czech Republic Estonia Greece Latvia Lithuania Portugal Romania Slovakia Bulgaria Finland Hungary Malta Poland Slovenia Spain Sweden Belgium (however Flemish community civic integration contract). 22/06/2015© The University of Sheffield

22/06/2015© The University of Sheffield Integration is not a blank cheque Case Parliament v Council “The fact that integration is not defined does not authorize MS to employ it in a manner contrary to general principles of Community law, in particular to fundamental rights”

22/06/2015© The University of Sheffield Objective of Directive 2003/109 Case Chakroun To grant a long-term residence permit to those TCNs who “have resided legally and continuously within its territory for five years immediately prior to the submission of the relevant application” (Art. 4)

22/06/2015© The University of Sheffield Conditions to obtain LTR: Effectiveness Since authorisation of family reunification is the general rule, any condition must be interpreted strictly The margin for manoeuvre which the MS have must not be used by them in a manner which would undermine the objective of the Directive, which is to promote family reunification, and the effectiveness thereof

22/06/2015© The University of Sheffield Fundamental rights Recital 3 of the Directive Sisojeva and Others v Latvia (ECtHR) Violation of right to private life under Article 8 ECHR

22/06/2015© The University of Sheffield Proportionality Their admissibility can be questioned on the basis of the accessibility of such courses or tests, how they are designed and/or organised (test materials, fees, venue, etc.), whether such measures or their impact serve purposes other than integration (e.g. high fees excluding low-income families)

22/06/2015© The University of Sheffield Proportionality Difficulty. E.g. Netherlands. Long courses. E.g. Germany. Fees. E.g. Greece. Expulsion. E.g. Austria. Is it really suitable to impose mandatory tests in order to facilitate the acquisition of LTR?

22/06/2015© The University of Sheffield Conclusions Increasing number of MS imposing integration conditions. There are several possible factors to explain this. Any conditions to the general rule (granting long- term residence) have to be interpreted strictly. Integration conditions have to comply with the principles of effectiveness, respect for fundamental rights and proportionality.

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