CJEU: Chavez-Vilchez right of residence is not temporary

On 7 September 2022, the Court of Justice ruled that the right of a third-country national parent with their Union citizen-child under Article 20 TfEU (henceforth: the Chavez-Vilchez right of residence) cannot be considered ‘temporary’ in the meaning of Article 3 of the Long Term Residence Directive. The Migration Law Clinic issued an expert opinion…

Safeguarding the Rights of minor Union citizens: The right to emergency shelter in light of EU law

This project concerns the case of a Moroccan mother who has a right to reside in the Netherlands with her six-year-old Dutch child on the basis of Article 20 TfEU (the Chavez-Vilchez case law). The mother applied for emergency shelter to the municipality of Amsterdam. This application was refused, amongst others because the mother did not…

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…