Integration requirements in EU migration law

Abstract:

In recent years, integration requirements have come to play a role in EU immigration law. Several directives – the Family Reunification Directive (2003/86), the Long-Term Residents Directive (2003/109) and the Blue Card Directive (2009/50) – allow Member States to demand third country nationals’ compliance with such requirements. A definition of integration requirements has not, however, been provided. This paper distinguishes between two functions of integration requirements: one is to equip migrants with the right skills to further their participation in society, whereas the other is to operate as a selection criterion, determining, which third country nationals are granted admission, residence or access to other rights, and who is to be excluded. An analysis of the three directives shows that the integration clauses in those directives do not all have the same function and that there is room for a more uniform and consistent concept of integration in EU immigration law. The paper also considers, on a more theoretical level, the role played by integration requirements in shaping a European concept of citizenship for third county nationals.