When presumptions are anything but simple A seemingly ordinary ruling sheds some confusion on the European Court of Justice’s case law in the politically sensitive area of state aid. Nathan de Arriba-Sellier • October 02, 2018
GDPR: the risks of empowering lawyers, not citizens While the General Data Protection Regulation constitutes a remarkable example of what the European Union can achieve for EU citizens, the implementation reveals some failures for their data protection. Nathan de Arriba-Sellier • June 05, 2018
Dublin IV: Violating Unaccompanied Minor’s Best Interests in the Allocation of Responsibility The proposed Dublin IV Regulation contradicts the Court’s case law on Member State responsibility for asylum claims of unaccompanied minors and fails to properly protect the child’s best interests. Lisa van Zelm • May 22, 2018
‘Who breaks a butterfly on a wheel?’: fingerprinting migrant children under the Eurodac Regulation Under the recast EURODAC Regulation it is proposed to lower the minimum age of data subjects from to 14 to 6 years of age. This raises issues of compatibility with the Charter of Fundamental Rights of the European Union. Merve Kaya • May 08, 2018
Unaccompanied children becoming young adults and the right to family reunion The CJEU held in A.S. that family reunification of the parents of an unaccompanied asylum-seeking child should be allowed if the applicant was a minor when the asylum application was lodged. This affects the family reunification policies of Member States. Mark Klaassen • April 24, 2018 • 1 comment
The Committee on the Rights of the Child on Female Genital Mutilation and Non-Refoulement In its first ruling, the Committee on the rights of the Child holds that the deportation of a Somali mother and her baby daughter fearing to undergo FGM would breach Denmark’s obligation to protect the child from all forms of physical or mental violence. Mark Klaassen and Peter Rodrigues • March 20, 2018
The right to respect for family life in deportation cases: Is the ECtHR taking a step backwards? Immigrants are protected from expulsion by the right to respect for private and family life. But in certain circumstances after a criminal conviction, expulsion may be justified. The ECtHR seems to lower the level of protection in its recent case law. Mark Klaassen and Gerrie Lodder • January 29, 2018
Welcome refugees, adieu solidarité Hungary and Slovakia suffered a blow in their attempts to escape the refugee relocation scheme, when the European Court of Justice rejected their claims. However, solidarity did not play a role in that decision. Nathan de Arriba-Sellier • September 26, 2017 • 1 comment
The right of residence for non-EU parents of EU citizen children: the Chavez-Vilchez case The EU Court of Justice explains the Zambrano doctrine: what matters is not just whether an EU-citizen parent could take care of the child, but whether the child has a relationship of dependency with the non-EU parent. Mark Klaassen • May 12, 2017 • 17 comments
