A/HRC/23/46
country nationals to comply with integration conditions, in accordance with national law
(Art 5).
45.
Long-term residents shall enjoy equal treatment with nationals as regards, inter alia,
access to employment and self-employed activity except exercise of public authority;
conditions of employment and working conditions; education and vocational training;
recognition of professional diplomas; social security, social assistance and social protection
as defined by national law; tax benefits; access to goods and services; freedom of
association and affiliation; and free access to the territory of the Member State concerned
(Art 11). The Directive also provides protection against expulsion: Member States may take
a decision to expel a long-term resident solely where he/she constitutes an actual and
sufficiently serious threat to public policy or public security (Art 12).
46.
In 2010, an agreement was reached to extend the scope of the Directive to the
beneficiaries of international protection.
17.
The Family Reunification Directive
47.
Council Directive 2003/86/EC on the right to family reunification (Family
Reunification Directive) determines the conditions for the exercise of the right to family
reunification by third country nationals residing lawfully in the territory of the Member
States. The Directive applies to third-country nationals (“the sponsor”) holding a residence
permit issued by a Member State for a period of validity of one year or more, who has
reasonable prospects of obtaining the right of permanent residence. It does not apply to
asylum seekers or beneficiaries of temporary protection or subsidiary forms of protection
(Art 3). However, Chapter V provides for family reunification of refugees.
48.
The family members who may benefit from family reunification are the sponsor’s
spouse, their minor children, and the children of the spouse. Reunification with an
unmarried partner, adult dependant children, or dependant first-degree relatives in the direct
ascending line may also be authorised (Art 4). An application for family reunification may
be rejected on grounds of public policy, public security or public health (Art 6). Family
reunification may be conditioned upon the sponsor’s adequate accommodation; sickness
insurance; and stable and regular resources to maintain the family (Art 7). Member States
may require the sponsor to have stayed lawfully in their territory for a period not exceeding
two years, before having his/her family members join him/her (Art 8). The sponsor’s family
members shall be entitled, in the same way as the sponsor, to access to education,
employment and vocational guidance. After 5 years, the family members shall be entitled to
an autonomous residence permit (Art 15).
49.
In accordance with a ruling of the European Court of Justice (Case C-540/03), EU
Member States must apply the Directive’s rules in a manner consistent with the protection
of fundamental rights, notably regarding family life and the principle of the best interests of
the child.
B.
Legal, institutional and policy framework with regard to border
management
50.
Article 77 of the Treaty on the Functioning of the EU provides that the EU shall
develop a policy with a view to ensuring that controls on persons, whatever their
nationality, when crossing internal borders within the Union, shall be abolished; develop an
efficient monitoring of the crossing of external borders; and the gradual introduction of an
integrated management system for external borders.
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