Which Role for the "Integration Clauses" in an Open Society?

The goal of the integration of third country nationals legally residing in EU Member States is enshrined in the Lisbon Treaty and represents a pivotal challenge in crafting and developing the Area of Freedom, Security and Justice. The latter has to be considered as a 'legal space' in which the ‘fair treatment’ of aliens is ensured, the principle of non-discrimination is protected and the search for a greater harmony and social cohesion is pursued at all levels of government. ‘Integration clauses’ set forth in EU secondary legislation on migration demonstrated their insufficiency in coping with the challenges of migrants’ integration. As the Court of Justice clearly pointed out, they need to be interpreted in light of the EU founding principles and goals, so that they cannot be reverted into an instrument of migration control for national purposes. This paper moves from the analysis of the jurisprudence of European courts on integration issues to elaborate legislative proposals which could better value the function of aliens’ integration as a fly-wheel for social development and the only feasible recipe to foster the inclusivity and bi-directionality of an ‘open society’.