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*Law of Aliens

Published on September 4th, 2018 | by Georgia Archonti

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CJEU – Opinion of AG Mengozzi in Case C-380/17 K and B, 27 June 2018

On 27 June 2018, Advocate General Mengozzi delivered his Opinion regarding Case C-380/17 K and B, which concerned whether Article 12(1) of the Family Reunification Directive (FRD) allows national authorities to automatically reject an application for family reunification based on a failure to comply with the three-month deadline to submit this application.

Firstly, AG Mengozzi argued that the CJEU is competent to answer the questions submitted by the referring court as the relevant Dutch legislation makes direct and unconditional reference to the Family Reunification Directive. This is the case even if a situation such as that in the main proceedings, which concerned a third-country national who was granted subsidiary protection in the Netherlands, would fall outside the scope of that Directive.

Secondly, in the light of the wording and objectives of the Family Reunification Directive, the Advocate General interpreted that Directive as precluding national authorities to declare inadmissible applications for family reunification that are not submitted within the three-month timeframe established under Article 12(1). According to the Advocate General, exceeding the three-month delay does not trigger any procedural consequence, such as the inadmissibility of the request, but may trigger material consequences, such as the possibility of Member States to require the fulfilment of the criteria set out in Article 7(1) FRD.

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