The European Court of Justice (ECJ) has ruled that a mandatory integration test for refugees can be compatible with European law under certain conditions. The Luxembourg-based judges emphasized that the test must not be systematically penalized and that individuals granted international protection should acquire knowledge of the language and society of the host member state to facilitate their integration.
The ECJ also noted that member states have a certain margin of appreciation in this context, but stressed the importance of considering personal and diverse circumstances of the individuals concerned, such as age, education level, financial situation and health status.
Furthermore, the court ruled that the knowledge required for the integration test should be limited to the necessary level to promote integration and not exceed what is required. Additionally, individuals granted international protection should be exempt from the obligation to take the test if they can demonstrate that they are already integrated.
The decision was made in a case from the Netherlands, where a Eritrean refugee was fined for not completing an integration program and failing a series of tests. The individual appealed to the Dutch courts, which eventually referred the question to the ECJ. The court’s ruling now states that the failure of an integration test cannot be systematically penalized with a fine. Such a sanction can only be imposed in “exceptional circumstances” for instance, if the individual has demonstrated a persistent unwillingness to integrate. (C-158/2)