European Commission Threatens Legal Action Against Austria Over Family Reunification Policies

The European Commission has issued Austria a renewed warning concerning its regulations on family reunification, raising the prospect of legal proceedings at the European Court of Justice. Poland has also received a similar notification from the Commission. According to the European Union's executive body, current Austrian and Polish laws do not provide adequate residence documentation for extended family members of non-EU origin, thereby excluding them from certain rights granted under EU law.

EU rules regarding freedom of movement require that member states allow and facilitate the entry and residence of family members of EU citizens. These regulations are intended to ensure equal treatment for all family members, whether they are direct relatives such as spouses or children, or extended family members outside the immediate household. The Commission has previously communicated concerns to Austria and Poland on this issue, with formal warnings issued as far back as 2011, and again in 2024 and March 2025. Despite these repeated notifications, the required adjustments have not been made by the affected countries.

The European Commission emphasizes that EU law obliges member states to treat extended family members of EU citizens in the same manner as direct relatives, granting them identical rights to entry and residence. The Commission maintains that the lack of compliance by Austria and Poland with these directives undermines the principles of free movement within the EU and places certain families at a disadvantage.

Austria and Poland have now been given a period of two months to respond to the Commission's latest request and to take the necessary measures to address the identified shortcomings. Should the countries fail to act within this timeframe, the Commission retains the right to escalate the matter by referring it to the European Court of Justice, which could ultimately compel Austria and Poland to amend their national laws in line with EU requirements.

In a separate development, the European Commission has also called on Austria and four other EU member states to fulfill their obligations regarding the transmission of customs data to the Commission through the SURV3 system. This system is designed to collect standardized data from national systems on import and export declarations, comprising 57 specific data elements. The Commission reports that the implicated countries are currently providing only a limited subset of these data elements and are continuing to use outdated data formats. Failure to comply with these requirements could also result in legal proceedings before the European Court of Justice.

The Commission's actions reflect a broader effort to ensure that all member states adhere to common EU standards and regulations, particularly in the areas of family reunification and customs data reporting. These steps are viewed as essential for maintaining the integrity of the EU's legal framework and safeguarding the rights of EU citizens and their families across all member states.