Case C‑579/13

P
and
S

v

Commissie Sociale Zekerheid Breda
and
College van Burgemeester en Wethouders van de gemeente Amstelveen

(Request for a preliminary ruling
from the Centrale Raad van Beroep)

(Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 5(2) and Article 11(1) — National legislation imposing on third-country nationals with long-term resident status a civic integration obligation, attested by an examination, under pain of a fine)

Summary — Judgment of the Court (Second Chamber), 4 June 2015

Border controls, asylum and immigration — Immigration policy — Status of third-country nationals who are long-term residents — Directive 2003/109 — National legislation imposing on third-country nationals with long-term resident status a civic integration obligation, attested by an examination, under pain of a fine — Lawfulness — Condition — Verification by the national court

(Council Directive 2003/109, Arts 5(2) and 11(1))

Directive 2003/109 concerning the status of third-country nationals who are long-term residents and, in particular, Article 5(2) and Article 11(1) thereof do not preclude national legislation which imposes on third-country nationals who already possess long-term resident status the obligation to pass a civic integration examination, under pain of a fine, provided that the means of implementing that obligation are not liable to jeopardise the achievement of the objectives pursued by that directive, which it is for the referring court to determine. Whether the long-term resident status was acquired before or after the obligation to pass a civic integration examination was imposed is irrelevant in that respect.

By allowing Member States to make the acquisition of long-term resident status subject to prior fulfilment of certain integration conditions, in accordance with the national law of that Member State, Article 5(2) of Directive 2003/109 neither requires that Member States impose integration obligations on third-country nationals after they have obtained long-term resident status nor precludes them from doing so.

In addition, since the situation of third-country nationals is not comparable to that of nationals as regards the usefulness of integration measures such as the acquisition of knowledge of the language and society of the country, the fact that a civic integration obligation is not imposed on nationals does not infringe the right of third-country nationals who are long-term residents to equal treatment with nationals, in accordance with Article 11(1) of Directive 2003/109.

(see paras 35, 38, 42, 43, 56, operative part)