Comments
On March 1, 2016, the Court of Justice of the European Union decided that place-of-residence conditions may be imposed on beneficiaries of subsidiary protection in a member state in order to address integration difficulties. According to the press release, Ibrahim Alo and Amira Osso are Syrian citizens who travelled to Germany in 1998 and 2001, respectively, where they were granted subsidiary protection status and residence permits subject to place-of-residence conditions. The Court found that an EU Directive requires member states “to allow persons to whom they have granted subsidiary protection status not only to move freely within their territory but also to choose their place of residence within that territory.” However, the Court ruled that exceptions to the Directive may be made where “beneficiaries of subsidiary protection . . . are not . . . in a situation which is objectively comparable with that of non-EU citizens legally resident in the Member State concerned or that of nationals of that State.” It further found that while the residency requirements are not justified in order to ensure an equal distribution of the financial burden associated with the provision of welfare benefits within the member state, the Directive does allow such conditions “for the purpose of promoting . . . integration [if beneficiaries] face greater difficulties relating to integration than other non-EU citizens legally resident in Germany.”