CJEU: Request for a preliminary ruling from the District Court of the Hague

Date: 
Tuesday, November 14, 2017

On 14 November 2017, the District Court of the Hague decided to submit preliminary questions to the CJEU regarding the interpretation of the Family Reunification Directive. The case at the main proceeding concerns an Eritrean national who has received subsidiary protection in the Netherlands and who wishes to be reunited with her nephew. Despite being unable to submit official evidence, the Eritrean national claims that she has been the legal guardian of her nephew since the death of his parents.The District Court of the Hague has requested the CJEU to apply the urgent preliminary ruling procedure in this case. The questions referred are:

Having regard to Article 3 (2)(c) of Directive 2003/86/EC on the right to family reunification and the CJEU ruling in C-583/10 Nolan, is the CJEU competent to answer questions referred by the Dutch court for a preliminary ruling on the interpretation of provisions of that directive in a dispute relating to the right of residence of a family member of a subsidiary protected person, if that directive has been declared directly and unconditionally applicable to those protected in the Netherlands under Dutch law?

Must Article 11(2) of Directive 2003/86/EC on the right to family reunification be interpreted as precluding the rejection of an application for family reunification of a refugee on the sole ground that he does not provide official evidence of the family relationship?

Must Article 11(2) of Directive 2003/86/EC on the right to family reunification be interpreted as precluding the rejection of an application for family reunification of a refugee solely on the ground that there is no official documentary evidence of the family relationship, in case he has given a plausible explanation of why he has not submitted such evidence and why he is unable to submit it?

Based on an unofficial translation by the ELENA Weekly Legal Update. We would like to thank Sadhia Rafi, ELENA Coordinator for the Netherlands, for bringing this case to our attention.



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Keywords: 
Burden of proof
Family reunification
Relevant Documentation