Should European Countries refuse entrance to migrants that do not speak their language? A case for the right to family life

Abstract

This article analyses the recent case of an ECJ ruling concerning Member States’ possibility to require third county nationals (TCNs) to pass a civic integration examination prior to family reunification. Following a description of the content of the right to family life for non-EU citizens residing in the EU, the article discusses the controversies surrounding the ECJ’s ruling, as well as the ethical and policy implication of the decision. The article argues that, while the Court’s decision is in line with the European Directive on Family Reunification, it does not take full consideration of the consequences of the Dutch policy regarding civic integration tests. In particular, the Court overlooks the fact that, while the test is hardly functional to state the capacity of integration, it acts as a form of ex-ante discrimination that contravenes Article 7 of the European Convention and Article 8 of the European Charter on the right to family life.