Who can stop the clock? Why the Dublin Regulation precludes appellate courts from granting suspensive effect at the requestof the State

On 1 September 2021 the Dutch Council of State referred preliminary questions to the Court of Justice in several Dublin Cases (CJEU Case C‐556/21). The question is in essence: Does EU law preclude that a national appellate grants an interim measure to the State, which suspends the six months time limit for transferring the applicant? In order to answer this question…

CJEU judgment concerning right to free movement

In January 2020 the Migration Law Clinic issued an expert opinion concerning a case in which the Dutch Council of State had referred preliminary questions on 25 September 2019. The case concerns a Polish national, who registered in the Netherlands on 9 November 2017. He worked in the Netherlands for five months. On 1 June 2018, the Dutch…

National limitations to judicial review in migration detention cases: Prohibition, competence or requirement of ex officio review?

The Migration Law Clinic has written an expert opinion in Joined Cases C-704/20 PPU and C-39/21 PPU before the Grand Chamber of the Court of Justice of the European Union. It concerns the judicial review of detention measures imposed on the basis of the Return Directive (Directive 2008/115/EC). Under Dutch law, the first instance and…