Brussels threatens to file a lawsuit against Austria and Poland due to restrictions on family reunification
The European Commission has issued an official warning to Austria and Poland, stating that the two countries may face a lawsuit before the European Court of Justice. The Commission believes that the governments are still applying policies that exclude family members of EU citizens residing outside the Union from rights guaranteed under the rules of freedom of movement and residence, which require member states to allow the entry and residence of family members and grant them the same rights as those granted to spouses and children.
According to the Commission's statement, Austria and Poland have not complied with these rules correctly, as family members residing outside the Union are excluded from basic rights and do not receive the documents that should be issued to them, despite repeated warnings directed to the governments in 2011, 2024, and March 2025. The Commission considers that these practices violate clear legal obligations ratified by both countries.
The Commission confirmed that the Austrian government has two months to respond and take corrective action. If Vienna does not respond within this period, the case will be officially referred to the European Court of Justice in Luxembourg, which could lead to legal consequences or penalties.
This development comes at a time of intense internal debate in Austria. Last summer, the government decided to suspend family reunification for asylum seekers for six months, with limited exceptions for children without a guardian in their home country or those who have a good level of German. This move has sparked widespread criticism regarding its compliance with European rules on freedom of movement and family unity.
With the Commission escalating its pressure, Austria may find itself compelled to reconsider its policies or face legal action before the highest court in the European Union, intensifying the ongoing political debate.