Monitoring References to the Court of Justice of the European Union
Tag
4 case reports
A parent withheld information about who the father of their child is. Sweden asks whether the EU law principle against fraud allows a derived right of residence under Article 20 TFEU to be refused — a right that exists for the child's sake, not the parent's.
Sweden will not grant a derived right of residence under Article 20 TFEU unless the applicant's identity is established. But the right exists to stop a Union citizen child being forced out of the EU, and the child's dependency does not depend on paperwork. The Migration Court of Appeal asks.
The Return Directive defines return to a third country as one the person 'voluntarily decides to return' to. If that word governs the choice of destination, a State cannot send anyone to a safe third country they did not pick. The Dutch Council of State asks.
One authority withdraws international protection and finds no risk of ill-treatment. A second authority then orders removal. Must it examine that risk again from the beginning — and what happens to evidence the person could have produced earlier but did not? The Bremen administrative court asks.