CJEU: State appeals do not always “stop the clock” of Dublin transfers

In December 2021, the Migration Law Clinic issued an expert opinion concerning cases in which the Raad van Stad (Dutch Council of State) had referred preliminary questions. The cases focus on three people whose applications for international protection are yet to be examined on the merits, since the Dutch Immigration Authorities (IND) decided that Romania…

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…

The legality of the detention of third-country nationals in order to ensure the passing back to the Member State where they enjoy international protection

This project concerns three cases (CJEU Case C‐673/19), in which the Council of State has referred a preliminary question on 4 September 2019. The question concerns the detention of migrants, who have received an asylum status in another EU Member State and have applied for asylum in the Netherlands. Their asylum applications have been declared…