Summary title: Petition No 0008/2020 by Milan Noro (Italian) on the imposition of the national average wage requirement on Third-Country Nationals applying for family reunification in Malta
Petition number: 0008/2020
Topics: Fundamental Rights, Institutions, Justice, Immigration, Social Affairs
Name: Milan Noro
The petitioner denounces the Maltese authorities’ imposition of the national average wage requirement, as opposed to the national minimum wage requirement, on otherwise eligible Third-Country Nationals applying for Family Reunification with their minor children. As a result, the petitioner claims that 41 minor children face eviction from Malta (as of 30.12.2019).The petitioner refers to Council Directive 2003/86/EC and in particular its Article 7(1)(c): ‘stable and regular resources which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance system of the Member State concerned. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum national wages and pensions as well as the number of family members.’More pointedly, he evokes the ECJ interpretation of Article 7(1)(c) of the Directive in case C-578/08 Chakroun: 43 Since authorisation of family reunification is the general rule, the faculty provided for in Article 7(1)(c) of the Directive must be interpreted strictly. Furthermore, the margin for manoeuvre, which the Member States are recognised as having, must not be used by them in a manner, which would undermine the objective of the Directive, which is to promote family reunification, and the effectiveness thereof.