The unlawfulness of existing pre-departure integration conditions applied in family reunification scenarios - urgent need to change national laws in the European Union Online publication date: Mon, 11-Jul-2016
by Moritz Jesse
International Journal of Migration and Border Studies (IJMBS), Vol. 2, No. 3, 2016
Abstract: This article has two objectives. It will give insights into the current discussion circling around the lawfulness of pre-departure integration conditions for family migrants up until the recent case C-153/14 of the Court of Justice of the EU. It will then provide two additional fundamental arguments as to why pre-departure integration conditions for family migrants cannot be legal. It will be argued that such conditions cannot be integration conditions at all. Instead, they are selection criteria installed to bring down the numbers of family migrants. These conditions are not allowed under EU law and therefore illegal. In the alternative, integration conditions have to facilitate integration and have to be proportionate to this objective. Pre-departure integration conditions for family migrants cannot be proportionate because their suitability has never been proven, and, in any case, less infringing means, such as integration measures that apply after arrival, are available.
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