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…
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…
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…
On 24 November the Court of Justice of the EU (CJEU) answered preliminary questions in the visa cases of R.N.N.S. and K.A.. The visa applications of these third country nationals were refused by the Dutch authorities, based on an objection of another Member State as a result of the consultation procedure codified in Article 22…
This week, the Migration Law Clinic and the Legal Clinic on Human Rights and Migration Law of the International University College of Turin together submitted a third party intervention to the European Court of Human Rights in the case of H.A. v Italy (Appl no 26049/18). The case concerns a Tunisian national, who reached the…
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…
