Background information

The 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. 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 MSs on how to apply Directive 2003/86/EC.

Communication on application of Directive 2003/86/EC

The Commission inter alia notes that the margin of appreciation which the Member States are recognised as having must not be used in a manner that would undermine the objective of the Directive, which is to promote family reunification, and the effectiveness thereof. At the same time, the Commission stresses that the right to family reunification is not unlimited. Beneficiaries are obliged to obey the laws of their host country, as set out in the Directive. In case of abuse and fraud, it is in the interests of both the community and of genuine applicants that Member States take firm action, as provided for by the Directive.

Please consult detailed guidance on:

• the scope of application of the Directive
• submission and examination of applications
• requirements for the exercise of the right to family reunification
• entry and residence of family members
• family reunification of beneficiaries of international protection
• overall principles

in the attached document.