Background:

The Dutch Ministry of Social Affairs and Employment is currently exploring positive and negative incentives to ensure beneficiaries of international and subsidiary protection participate in integration programs and complete the mandatory exams within the civic integration program on time. Currently, the Dutch civic integration act includes various possibilities of imposing fines on third-country nationals who fail to attend the compulsory elements of the integration scheme. However, a recent ruling by the Dutch Council of State warned that failure to pass the civic integration exam on time should not be systematically punished with a fine if it concerns beneficiaries of international protection.

To arrive at this verdict, the Council of State referred preliminary questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling (Case C‑158/23). In its judgment, the CJEU stated that the Qualification Directive (2011/95/EU) allows Member States to require that beneficiaries of international protection participate in integration programs and pass exams. However, only in exceptional cases can a fine be imposed, such as in the case of a proven and persistent lack of willingness to integrate. The information from this query will be used to inform the Dutch Minister for Participation and Integration as part of a legislative proposition for the civic integration act to comply with EU law.

Respondents:

25 EMN Member and Observer Countries (including BE) provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• Out of 24 responding countries, 23 report having civic integration activities and/or civic integration exams, whether voluntary or mandatory, for beneficiaries of international protection. In BE, participation in a civic integration programme is mandatory for adult beneficiaries of international protection in all four federated entities (Flemish Community, Walloon Region, Brussels-Capital Region, and German-speaking Community). Different requirements and exemptions apply per region.
   
• Ten countries that have such civic integration activities report using positive incentives to encourage beneficiaries of international protection to participate. Examples of positive incentives include: childcare for participants (EE), sharing of positive experiences from past participants (EE), reimbursement of the costs associated with the course (DE, EL, SI), extension of the period of the integration plan (FI), opening up access to some processes (e.g. applying for citizenship, accessing the labour market, etc.) (BE, FR, DE, LU, MA, NL, ES), and continuous assistance from the municipality including financial support (NL).
   
• Seven countries that have such civic integration activities report using negative incentives to ensure participation of beneficiaries of international protection in such activities. Examples of negative incentives include: reduction of social benefits (AT, FI, LT, PO, ES), the issuance of fines for low or lack of attendance (BE, DE), obligation to reimburse the costs of the course (HR), consequences on the decision to grant a residence permit (EE), and loss of unemployment benefits (FI).

For further details, please read the compilation of answers attached above.