The Court of Justice of the European Union has concluded that women who experience gender-based violence in their country of origin can be regarded as belonging to a ‘particular social […]
Asylum procedure in Europe has been examined in three recent decisions. In two, the European Court of Human Rights found actual or imminent violations of Article 3 of the European […]
Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C‑247/20 VI v Her Majesty’s Revenue and […]
Advocate General Hogan’s opinion in case C‑247/20 VI v Commissioners for Her Majesty’s Revenue & Customs concludes that someone no longer requires Comprehensive Sickness Insurance (CSI) once they have permanent residence […]
The Court of Justice of the European Union has held that refusing Universal Credit to EU citizens with pre-settled status is justified so long as there is no risk of […]
An eight-month detention period for EU citizens is disproportionate, the Court of Justice of the European Union has decided. The case is C-718/19 Ordre des barreaux francophones and germanophone and […]
In the case of C-255/19 Secretary of State for the Home Department v OA, the Court of Justice of the European Union held (at paragraph 64) that: 1. Article 11(1)(e) […]
A quick note on this Advocate General’s Opinion fresh from Luxembourg on the Qualification Directive. The case is C‑255/19 Secretary of State for the Home Department v OA. The Qualification […]
In Case C-32/19 AT v Pensionsversicherungsanstalt the Court of Justice of the European Union was asked to review Article 17(1)(a) of the Citizens’ Rights Directive. This provides an exception to the […]
The Court of Justice of the European Union has ruled that it is unlawful to completely withdraw all housing and financial support from an asylum seeker, even if they have […]
The Court of Justice of the European Union has found that a child is self-sufficient in EU law even if supported only by the earnings of a parent who is […]
In the case of C‑94/18 Chenchooliah the Court of Justice of the European Union returns to the contentious issue of the rights of family members of EU citizens. Family members like […]
The Court of Justice of the European Union has decided in joined cases C‑391/16, C‑77/17 and C‑78/17 M, X and X that recognised refugees who commit serious crimes can be […]
Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous post. The case has now […]
The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers cannot be sent back even […]
In C-369/17 Ahmed, the Court of Justice of the European Union has held that member states must take account of all the circumstances of the crime committed by an individual […]
Last week the Court of Justice of the European Union upheld the UK’s approach to the Worker Registration Scheme in force between 2004 and 2011 for citizens of new EU […]
The Court of Justice of the European Union has taken a strict approach to time limits on take back requests imposed by the Dublin III Regulation. In case C‑213/17 X […]
The unmarried partner of a British citizen who returns to the UK having resided in another EU country does have rights under EU law, the Court of Justice of the […]
Today marked a big step in the advancement of the rights of same-sex couples. Following a reference made to the Court of Justice of the European Union (CJEU) by the […]
Today the Court of Justice of the European Union handed down a decision in the case of C-647/16 Adil Hassan v Prefet du Pas-de-Calais concerning the Dublin III Regulation. The press […]
Fresh out of the Court of Justice of the European Union is the interesting case of C-82/16 K.A. & Others v Belgium. A significant part of the decision deals with the 2008 […]
The enhanced protection in Article 28(3) of Directive 2004/38/EC — that a person may only be expelled on “imperative grounds of public security” if they have resided in a member […]
In the case of C-353/16 MP v Secretary of State for the Home Department, decided yesterday, the Court of Justice of the European Union has found that A person who […]
On 10 April 2018, Advocate General Bobek delivered his Opinion in C-89/17 Secretary of State for the Home Department v Banger, following a reference made to the Court of Justice […]
Six months after the release of the Advocate General’s non-binding Opinion in the joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vomero, the Court of Justice of the […]
When an asylum seeker returns to an EU member state they’ve previously been transferred from under the Dublin III regulation, how should their application for international protection be processed? The […]
In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to […]
When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker? Since 2010, English courts have said […]
The Court of Justice of the European Union has found in the case of C-165/16 Lounes that EU citizens who move to the UK and later naturalise as British retain their free movement […]
Majid Shiri, an Iranian national, arrived in Austria through Bulgaria in 2015. He made an asylum claim in Bulgaria in February of that year but claimed asylum in Austria the […]
Today saw the release of the Advocate General’s Opinion in the Court of Justice of the European Union joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home […]
Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was sentenced by a Greek criminal […]
The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit. We […]
In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home […]
Al Chodor and Others (C-528/15) In a highly significant judgment the CJEU has shown, in effect, that the Home Office has unlawfully detained hundreds or even thousands of individuals seeking international […]
In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under […]
Last week the Court of Justice of the European Union gave judgment in the case of NA C-115/15 on the vexed issue of retained rights of residence for victims of domestic […]
In an interesting but almost impenetrable judgment, the Court of Justice of the European Union gives some guidance on procedural protections available to those bringing challenges to EU law decisions […]
