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…
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…
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…
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…
Migration Law Clinic 