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Asylum and Return: The Gnandi Case, or a Clarification of the Right to an Effective Remedy

Insight

Abstract: In Gnandi (Court of Justice, Judgment of 19 June 2018, case C-181/16 [GC]), the Court of Justice has clarified under which conditions a negative asylum decision may be combined with a return decision and which effects the combination of the two has in the light of the right to an effective remedy.

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Shedding Light on the Protective Regime for Unaccompanied Minors Under the Family Reunification Directive: The Case of A and S

Insight

Abstract: Family reunification constitutes one of the most pressing human rights issues for refugees, who are especially unaccompanied minors. Yet, the practical effectiveness of such a right is not always adequately ensured. Drawing from the recent decision of the Court of Justice in A and S (judgment of 12 April 2018, case C-550/16), the...

The Expressive Dimension of the Union Citizenship Expulsion Regime: Joined Cases C-331/16 and C-366/16, K and HF

Insight

Abstract: The case of in K and HF (Court of Justice, judgment of 2 May 2018, joined cases C-331/16 and C-366/16) turns on a very specific set of facts, namely the restriction of Union citizen’s residence rights on the basis of war crimes and crimes against humanity. Nonetheless, in its judgment the Court of Justice continues its development...

Assessing Credibility of Asylum Seekers’ Statements on Sexual Orientation: Lights and Shadows of the F Judgment

Insight

Abstract: This Insight examines the judgment delivered by the Court of Justice on 25 January 2018 in the case F (C-473/16). This case concerns a very sensitive topic, as it relates to the admissibility of an expert’s report and projective personality tests to assess the existence of a specific ground upon which international...

Le droit au regroupement familial des réfugiés mineurs non accompagnés devenus majeurs: l’affaire A et S, entre progrès incontestable et portée relative

Insight

Abstract: In its decision A and S (judgment of 12 April 2018, case C-550/16, A et S v. Staatssecretaris van Veiligheid en Justitie), the Court of Justice of the European Union ruled – for the first time – on the relevant date for assessing the minority of an unaccompanied minor who reaches the age of majority in the course of their...

De la délicate interprétation du Système Dublin

Insight

Abstract: The Jafari case ruled in July 2017 (Court of Justice, judgment of 26 July 2017, case C-646/16, Jafari [GC]) gives the CJEU the opportunity to come back on the summer 2015 migration crisis. The difficult articulation between Dublin III Regulation and other relevant legal instruments in such a particular context...

Humanitarian Visas and EU Law: Do States Have Limits to Their Discretionary Power to Issue Humanitarian Visas?

Insight

Abstract: In a context of serious humanitarian and human security concerns raised by large-scale forced migration arriving at the borders of European countries from the Middle East and Africa, the Court of Justice of the European Union has restrictively interpreted the rules on visas with limited territorial validity included in the Community Code...

The Dublin III System: More Derogations to the Duty to Transfer Individual Asylum Seekers?

Insight

Abstract: In the C.K. et al. v. Republika Slovenija ruling (judgment of 16 February 2017, case C-578/16 PPU), the Court of Justice ruled that the transfer of the asylum seeker should be suspended if the particular medical condition of the applicant is so serious as to provide substantial grounds for believing that the transfer would result...

La sentenza X. e X. della Corte di giustizia sul rilascio del visto umanitario: analisi critica di un’occasione persa

Insight

Abstract: This Insight deals with the decision of the Court of Justice, X and X v. État belge (judgment of 7 March 2017, case C-638/16 PPU [GC]), concerning the interpretation of Art. 25 of Regulation (EC) 810/2009 (the Visa Code). The Court found that the facts of the case fall outside the scope of the Visa Code and of the EU law...

The EU-Turkey Statement, the Treaty-Making Process and Competent Organs. Is the Statement an International Agreement?

Insight

Abstract: The EU-Turkey Statement has undergone multiple analyses regarding issues of human rights and refugee law. One of the most controversial matters among scholars is its nature as an international agreement. This insight will analyse the legal nature of this statement, on the basis of the international law of treaties, the law of international...

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