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…

Assessing the Temporariness of the Chavez-Vilchez Right of Residence

The District Court of Amsterdam has referred preliminary questions to the Court of Justice (regarding the right to residence of third-country national parents of Dutch children on the basis of Article 20 on the Treaty on the functioning of the European Union (also referred to in the Netherlands as the Chavez-Vilchez right of residence). The questions…

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…

Access to legal remedies against a visa refusal based on an objection of another Member State

On 5 March 2019, the District Court of Haarlem asked the Court of Justice of the EU (CJEU) preliminary questions in two visa cases. It concerned the visa applications of two third country nationals, which were refused by the Dutch authorities, based on an objection of another Member State as a result of the consultation…

Reviewing the application of Chavez-Vilchez in the Netherlands

Third country national parents have a right to residence in the EU, if their expulsion would force their EU citizen minor child to leave the EU. In the judgment in Chavez-Vilchez, the Court of Justice EU held that the relation of dependency between a third country national parent and the EU citizen child has to be…

An Individual Legal Remedy against the Refusal of a Take Charge Request under the Dublin III Regulation

Asylum seekers, who arrive in a (Southern) EU Member State may have a family member (a spouse, parent or minor child) who has applied for asylum and is waiting for a decision or who has received an asylum status in another Member State. According to the Dublin Regulation (Articles 8-10), the Member State where this…