On 22 June 2022, the Dutch Administrative Jurisdiction Division of the Council of State (Council of State) referred preliminary questions to the Court of Justice EU (CJEU) about the conditions for refusing a refugee status to a person who has committed a ‘particular serious crime’ and constitutes a ‘ danger to the community’ of the…
Are you a master student or exchange student and do you want to write expert opinions in real migration law cases? There are still a couple of spots open for participation in the Migration Law Clinic and its new pilot programme, the EU Citizen Rights Corner, so we have extended the deadline for applications to 25 January…
On 8 November 2022, the Grand Chamber of the Court of Justice ruled in Joined Cases C-704/20 PPU and C-39/21 PPU that national courts must review the legality of a detention measure of a third country national ex officio. This means that they must declare a detention measure illegal and order the release of the…
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…
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…
In a judgment of 26 April 2022, the Grand Chamber of the Court of Justice of the European Union ruled that the prolonged reintroduction (between September 2015 and November 2021) by Austria of border controls at its border with Hungary and Slovenia was illegal. It held that these prolonged internal border controls could not be…
Migration Law Clinic 