Overview Expert Opinions

This is an overview of the Expert Opinions published by the Migration Law Clinic:

Year	Court/Case Number	Title Expert Opinion
May 2024	Dutch Council of State, ECLI:NL:RVS:2023:4125	Extending the time limit of examination procedures under Article 31(3)(b) of the Asylum Procedures Directive
March 2024	Rb Den Haag, zp Groningen 19 July 2023, ECLI:NL:RBDHA:2023:10593	Legality of sanctions on the noise protest by asylum seekers in a reception centre
July 2023	CJEU Case C‑158/23	Compatibility of the ‘obligation to successfully pass integration exams’ with Article 34 of EU Qualification Directive
April 2023	-	The Netherlands’ Legal Obligations Regarding the Regularisation of Ex Dutch Surinamese Individuals Living Undocumented in the Netherlands
March 2023	CJEU Case C-402/22	Conditions for the revocation and withdrawal of refugee status under Article 14(4)(b) of the Qualification Directive
November 2022	-	Non-disclosure of evidence in cases concerning withdrawal of nationality of persons suspected of involvement in the Rwandan genocid
February 2022	CJEU C-133/15 (Chavez Vilchez)	Safeguarding the Rights of minor Union citizens: The right to emergency shelter in light of EU law
April 2021	CJEU Case C-624/20 (E.K.)	Assessing the Temporariness of the Chavez-Vilchez Right of Residence
March 2021	CJEU Joined Cases C-704/20 PPU and C-39/21 PPU	National limitations to judicial review in migration detention cases: Prohibition, competence or requirement of ex officio review?
November 2020	CJEU Cases C-368/20 and C-369/20 (Landespolizeidirektion Steiermark)	Legality of Reintroduction of Internal Border Controls: Necessity and Proportionality under the Schengen Border Code and the Right to Free Movement of EU Citizens
November 2020	-	Reviewing the application of Chavez-Vilchez in the Netherlands
September 2020	CJEU Case C-19/21	An Individual Legal Remedy against the Refusal of a Take Charge Request under the Dublin III Regulation
April 2019	CJEU Joined Cases C‑225/19 and C‑226/19 (R.N.N.S. and K.A.)	Access to legal remedies against a visa refusal based on an objection of another Member State
2019	CJEU Case C‐719/19 (F.S.)	The Right to Free Movement of EU citizens: Leaving and Re‐entering after an Expulsion Order
December 2019	CJEU C‐673/19 (M and A.)	The legality of the detention of third-country nationals in order to ensure the passing back to the Member State where they enjoy international protection
July 2019	ECtHR App. no. 22105/18 (M.T. and others v Sweden)	Third party intervention to the case of M.T. and others v Sweden (App. no. 22105/18)
June 2019	ECtHR App. no. 43654/18 (S.S. v Sweden)	Third party intervention in the case of S.S. v Sweden
May 2019	-	The requirement of ‘sufficient substance’ of the relationship between father and child: Conformity with Articles 4 and 16 of the Family Reunification Directive?
July 2018	-	The legality of revocation of Dutch nationality of dual nationals involved in terrorist organizations
March 2018	CJEU C-680/17 (Vethanayagam)	Access to Legal Remedies under the Visa Code in the Case of Representation Agreements
January 2018	CJEU Case C‐586/17	(Late) submission of new asylum motives during the appeal before first instance courts and the requirement of a full and ex nunc judicial examination of Article 46(3) RAPD
Demeber 2017	C-557/17 (Y. and Z.)	The withdrawal of the residence permits of family members on the basis of fraud committed by the sponsor
May 2017	CJEU Case C‑635/17 (E.)	The 'bewijsnood' policy of the Dutch immigration service: A correct interpretation of the Family Reunification Directive or an unlawful procedural hurdle?
January 2017	CJEU Case C-550/16 (A. and S.)	The relevant date for considering the age of unaccompanied minor refugees for the purpose of family reunification
July 2016	CJEU Joined cases C‑331/16 and C‑366/16 (K. and H.F.)	Once a criminal, always a threat? Investigating whether the Dutch practice of applying Article 1F Refugee Convention criteria to Article 27 Citizenship Directive conforms with EU law
July 2016	-	In the light of the unity and development of law and legal protection: Does the Dutch Council of State violate EU law if it fails to state the reasons for a rejection of a request for a preliminary reference?
April 2016	-	Forced to leave but nowhere to return to: Rights of non‐returnable stateless Palestinians in the Netherlands
February 2016	ECtHR	Chinese cooks and the revision of the Aliens Employment Act: A violation of the right to property and the non‐discrimination principle under the ECHR?
August 2015	ECtHR, App. no. 16177/14	Indirect‐Refoulement of J.W. to Somalia and the Admissibility of Canada as a Safe Third Country
June 2015	-	Medical Reports in Subsequent Asylum Applications: Does Dutch law comply with international law?
June 2015	-	Medical Reports in Subsequent Asylum Applications Does Dutch law comply with EU law?
June 2015	CJEU C‐133/15	Right of residence under Article 20 TFEU of the primary carer of a minor Union Citizen Expert opinion on issues arising from the case of Chavez‐Vilchez and Others (C‐ 133/15) Verblijfsrecht voor de verzorgende ouder van een minderjarige Unieburger? Expert opinie in het kader van de prejudiciële vragen van de Centrale Raad van Beroep over de interpretatie van artikel 20 VWEU
March 2015	-	The Right of Residence under Directive 2004/38 of the Spouse of a Union Citizen in the absence of a Valid Passport
July 2015	CJEU C-153/14	De Wet Inburgering in het Buitenland in EU-rechtelijk perspectief
October 2014	-	The right of residence under Directive 2004/38/EC of the partner with whom the Union citizen has a durable relationship: Assessment and evidence of the starting date of lawful residence
April 2014	ECtHR, App. nos. 70517/11, 17848/13, 18135/13, 20010/13, 20673/13, 29240/13, 29664/13, 29841/10, 30162/13, 30268/13, 32894/11, 71247/13	Assessment of the risk of refoulement under Article 3 of the European Convention of Human Rights in cases of persons returning to Somalia

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