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EU: Court of Justice of the European Union press releases

01 May 2014

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"EU law identifies the group of family members of third country nationals residing in a Member State who may be entitled to a residence permit on the ground of family reunification. With regard to spouses, in order to ensure better integration and to prevent forced marriages, Directive 2003/86/EC provides that Member States may impose a minimum age (no more than 21 years) for the purpose of family reunification. The directive does not, however, specify the point at which the sponsor and his or her spouse must have reached that minimum age limit."

See the full text: Advocate General Mengozzi considers that the age limit laid down by EU law for those seeking family reunification with their spouse may also be reached after the relevant application has been submitted (press release No 67/14, pdf)

And see: According to Advocate General Bot, a Member State may not, except in exceptional circumstances, rely on the lack of specialised centres in part of its territory in order to detain in prison a third-country national awaiting his removal, even with the consent of that third-country national (press release No 68/14, pdf): "The ‘Returns’ Directive provides that, where third-country nationals are awaiting removal, the Member States must use the least coercive measures possible, according to a gradation which goes from the granting of a period for voluntary departure to detention. Where the authorities opt for detention, this must take place in a specialised facility and can only take place on an exceptional basis in a prison, the Member State then having to ensure that the third-country national is separated from ordinary prisoners."

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