1) Article 7(2) of Directive 2003/86/EC on the right to family reunification and the principle of proportionality do not, therefore, preclude the application of an integration measure, such as that at issue in the main proceedings, if the examination obligation which that measure incorporates is inapplicable where that obligation is unreasonable for persons intending to join their families, taking into account the person’s individual circumstances, or if, on account of the special circumstances of an individual case, there are grounds on which family reunification should be granted notwithstanding the failure to pass the examination. It is for the referring court to make that assessment.
2) Directive 2003/86/EC precludes national provisions which attach fees to a civic integration examination such as that at issue in the main proceedings, where those fees and the charging of them are liable to prevent the person intending to join his family from exercising the right to family reunification.
- 19.03.2015 - Opinion Advocate General - Case C-153/14 K and A - Directive 2003/86/EC Family Reunification - Integration measures en - Case K and A - Press release
AG Opinion C‑153/14 Minister van Buitenlandse Zaken v K and A, 19.3.15