Communication on guidance for application of Directive 2003/86/EC on the right to family reunification

Directive 2003/86/EC recognises the right to family reunification and determines the conditions for the exercise of this right. The Commission's report on the implementation of the Directive, adopted in October 2008, concluded that there were a number of cross-cutting issues of incorrect transposition or misapplication of the Directive and that its impact on harmonisation in the field of family reunification remained limited.

In 2011, the Commission published a Green Paper on the right to family reunification to gather opinions on how to have more effective rules at EU level and gather information on the application of the Directive. There were 120 responses, including contributions from 24 Member States, international organisations, social partners, NGOs and individuals.

In 2012, the Commission held a public hearing in the framework of the European Integration Forum. The consensus of the public consultation was that the Directive should not be re-opened, but that the Commission should ensure the full implementation of the existing rules open infringement procedures where necessary and produce guidelines on identified issues.

This Communication therefore provides guidance to Member States on how to apply Directive 2003/86/EC. These guidelines reflect the current views of the Commission and are without prejudice to the case law of the Court of Justice of the EU (CJEU) and its further development. Views may change in future and, as a consequence, this is an evolving document and an open-ended process.

• Primary Source

ESO Records

A clear legal regime for family members of non EU citizens http://www.europeansources.info/record/press-release-a-clear-legal-regime-for-family-members-of-non-eu-citizens/

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