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…
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…
Migration Law Clinic 