CJEU: Chavez-Vilchez right of residence is not temporary

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…

CJEU: Right to a remedy against refusal to take over asylum application of unaccompanied minor

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…

CJEU rules that prolonged internal border controls by Austria are illegal

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…

Safeguarding the Rights of minor Union citizens: The right to emergency shelter in light of EU law

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…

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…

CJEU judgment concerning right to free movement

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…