EU law does not preclude beneficiaries of international protection from having to pass a civic integration examination, according to the CJEU
In a recent judgment, the Court of Justice of the European Union (CJEU) held that national legislation may oblige beneficiaries of international protection to pass a civic integration examination. However the fact of having failed such an examination cannot be systematically penalised by a fine.
On 4 February 2025, the Court of Justice of the European Union released its judgement in the Case C-158/23. This case concerned a beneficiary of international protection, reportedly an Eritrean national, challenging Dutch legislation requiring successful completion of a civic integration exam within a set period under penalty of a fine.
In its judgment, the Court held that the International Protection Directive does not preclude, under certain conditions, national legislation which obliges beneficiaries of international protection to pass a civic integration examination. In that regard, the Court emphasises the importance of acquiring knowledge both of the language and of the society of the host Member State in order to promote the integration of beneficiaries of international protection into the society of the host Member State. However, there is a need to take into account specific individual circumstances, such as the age, level of education, financial situation or health of the person concerned.
The Court added that the fact of having failed such an examination cannot be systematically penalised by a fine. Such a penalty may be imposed only in exceptional cases, such as a proven and persistent lack of willingness to integrate. In addition, making the beneficiary of international protection bear, in principle, all the costs of the courses and examinations of the civic integration programme undermines the objective of ensuring that he or she integrates into the society of the host Member State effectively. That obligation places an unreasonable burden on him or her, according to the Court.
For further details, please read the press release from the Court or the full text of the judgement.