This EMN Inform provides information on EU and national case law on the interpretation and application of legal instruments within the legal migration EU acquis. For the purpose of this EMN Inform these are :
– Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents;
– Directive 2003/86/EC on the right to family reunification;
In addition, one example of case law relevant to third-country nationals – even if not falling under the legal migration legal basis (Article 79 TFEU) – is also included in relation to the following instrument, for comparison purposes:
– Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States;
Other instruments governing legal migration, for example, Directives 2004/114/EC (conditions of admission for third-country nationals (TCNs) for the purpose of studies, pupil exchange, un-remunerated training or voluntary service),2005/71/EC (admission and residence of TCN researchers), 2009/50/EC (admission and residence of TCNs for the purpose of highly qualified employment); and 2011/98/EU (the ‘single permit’ Directive) have generated fewer examples of case law at EU and national levels.
The information on EU case law is complemented by national developments and case law reported by 18 Member States and Norway.