Sagrario (Area of freedom, security and justice - Immigration policy - Right to family reunification - Judgment) French Text [2024] EUECJ C-63/23 (12 September 2024)

Sagrario (Area of freedom, security and justice - Immigration policy - Right to family reunification - Judgment) French Text [2024] EUECJ C-63/23 (12 September 2024)

Article 15(3) of Directive 2003/86/EC does not require Member States to grant autonomous residence permits solely because family members lose their permit for reasons independent of their will or because minors are involved; 'situation particulièrement difficile' requires circumstances of high gravity or...

Source-derived case information.

Citation
[2024] EUECJ C-63/23
Parties
Applicant: Sagrario; Applicant: Joaquín; Applicant: Prudencio; Respondent: Subdelegación del Gobierno en Barcelona; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Final Judgment
Outcome
Questions answered; Spanish law found incompatible with EU law regarding individual assessment and hearing requirements.
Legal Topics
Family Reunification, Right to Autonomous Residence Permit, Child Protection, Procedural Rights, Interpretation of Directive 2003/86/ec
European Union Law Immigration Law Human Rights Family Reunification Right to Autonomous Residence Permit Child Protection Procedural Rights Interpretation of Directive 2003/86/ec

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Summary, issues, holding and outcome

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Parties

Sagrario

Applicant

Joaquín

Applicant

Prudencio

Applicant

Subdelegación del Gobierno en Barcelona

Respondent

European Commission

Intervener

Procedural Posture

Preliminary Reference / Final Judgment

  1. 1 Interpretation of 'situation particulièrement difficile' under Article 15(3) Directive 2003/86/EC
  2. 2 Obligation for individual assessment under Article 17 Directive 2003/86/EC
  3. 3 Right to be heard for minors in residence permit proceedings

Ratio Decidendi

Article 15(3) of Directive 2003/86/EC does not require Member States to grant autonomous residence permits solely because family members lose their permit for reasons independent of their will or because minors are involved; 'situation particulièrement difficile' requires circumstances of high gravity or vulnerability. However, Article 17 requires an individual assessment of all relevant circumstances before refusal or withdrawal of residence permits, and the right to be heard applies to minors in such proceedings.

Court Disposition

Questions answered; Spanish law found incompatible with EU law regarding individual assessment and hearing requirements.

Orders

  • Member States must ensure individual assessment and right to be heard for minors before refusing or withdrawing residence permits under Directive 2003/86/EC.
  • 'Situation particulièrement difficile' requires circumstances of high gravity or vulnerability; presence of minors or loss of permit for reasons independent of will alone is insufficient.