CJEU: Belgian Court submits preliminary request on the conditions of the right to family reunification

Date: 
Wednesday, November 14, 2018

On 14 November, the Raad voor Vreemdelingenbetwistingen (Belgium) referred the following question to the Court of Justice of the European Union for a preliminary ruling:

Does Directive 2003/86/EC — having regard to Article 3(5), as well as the objective thereof, in particular, the determination of the conditions for the exercise of the right to family reunification — preclude national legislation which requires that Article 5(4) of Directive 2003/86/EC be interpreted as meaning that the consequence of no decision having been taken by the expiry of the prescribed period is that national authorities are under an obligation to grant, of their own motion, a residence permit to the person concerned, without first establishing that that person in fact satisfies the conditions for residence in Belgium in conformity with EU law?


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Keywords: 
Family reunification