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European Observer on fundamental right's respect

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Case Law C-279/21 (22/12/2022)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/22/2022

Subject: According to the Court, Danish legislation which makes family reunification between a Turkish worker residing legally in Denmark and his or her spouse subject to the condition that that worker has successfully taken a test demonstrating a certain level of knowledge of Danish constitutes an unlawful 'new restriction'. That restriction cannot be justified by the objective of ensuring the spouse's successful integration since Danish legislation does not take account either of the spouse's own ability to integrate or of other factors demonstrating the effective integration of the worker concerned

Parties: Udlændingenævnet (Examen linguistique imposé aux étrangers)

Classification: Citizens’ rights - Art. 45 Freedom of residence

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