Hamoudi v Frontex: Advocate General Norkusโ€™ Opinion – Reversing the Burden of Proof and the Presumption of Frontexโ€™s Privileged Access to Evidence

 Antje Kunst*

*Antje Kunst is
an international lawyer and barrister of Garden Court North Chambers, admitted
to the Bar of England and Wales, and the Bar of Berlin, advising and
representing individuals in a wide range of matters related to …

The Italy-Albania protocol before the Court of Justice of the European Union โ€“ hearing of the CJEU

  Matteo Zamboni (human
rights lawyer working between Italy and the UK. He is a partner to the
Immigration Law and Policy clinic of Goldsmiths, University of London)

 

Photo: The towers of the Court of Justice in the Luxembourg fog (c)…

The CJEU rules on multiple temporary protection applications but leaves key questions unanswered in Case Cโ€‘753/23 (Krasiliva)

  

Dr Meltem Ineli
Ciger, Associate
Professor, Suleyman Demirel University

Photo credit: Odessa Opera and Ballet Theatre,
by Konstantin Brizhnichenko, via Wikimedia
Commons

 

On 27 February 2025, the Court of Justice delivered its ju…

Hamoudi v Frontex, an EU Courts pushback case: Shifting the burden of proof and a duty to assist the Court (a duty of candour?)

 Antje Kunst*

* Antje Kunst is
an international lawyer and barrister of Garden Court North Chambers, admitted
to the Bar of England and Wales, and the Bar of Berlin, advising and
representing individuals in a wide range of matters related to…

WS and Others v Frontex before the Grand Chamber: Ensuring Meaningful Protection of Fundamental Rights in Forced Returns by an EU Agency acting as a Safety-Net

 Antje Kunst*

*Antje Kunst is
an international lawyer and barrister of Garden Court North Chambers, admitted
to the Bar of England and Wales, and the Bar of Berlin, advising and
representing individuals in a wide range of matters related to …

Hands On, Eyes Closed? CJEU Grand Chamber hearing on Frontexโ€™s role in unlawful pushbacks (WS and Others v Frontex, C-679/23 P)

 Jan-Hendrik Seelow, Dutch
Council for Refugees*

*The Dutch Council for Refugees has
closely worked with the applicantโ€™s counsel to support the case from the
beginning Photo credit: Francesco Placco, via Wikimedia Commons

Introduction

It is a f…

No surprises here! What is discretionary remains discretionary in the CJEUโ€™s first judgment on temporary protection

  

Dr Meltem Ineli
Ciger, Associate
Professor, Suleyman Demirel University

 

Photo credit: Francisco Anzola, via Wikimedia
Commons

 

On 19 December
2024, the Court of Justice of the European Union gave its judgment in Joined
ca…

The CJEU ruling in Changu: โ€˜If Iโ€™ve said it once, Iโ€™ve said it a thousand times: the Return Directive in conjunction with the Charter of Fundamental Rights does not oblige EU Member States to grant a right to remain to irregularly staying migrantsโ€™

  

Alan Desmond, University of Leicester

Kevin Fredy Hinterberger, Austrian Federal Chamber of Labour

Photo credit: Luxufluxo,
via Wikimedia Commons

 

Introduction

The 2008 Return
Directive sets out common standards and procedures…

Latest Updates on The Legitimate Interest Ground for Processing Personal Data (Article 6(1)(f) of GDPR): the latest CJEU Case and EDPB New Guidelines

   

Aolan Li*

*The author is a third-year PhD
candidate in Law at Queen Mary University of London. Her ongoing doctoral
thesis research delves into the application of Article 6(1)(f) of GDPR from a
comparative perspective. Email: aolan…

Mass hacking and fundamental rights: a missed opportunity for the CJEU?

Hugo Partouche, Attorney-at-law
(avocat) at the Paris Bar, and Chloรฉ Berthรฉlรฉmy, Senior Policy Advisor,
EDRi

 

Photo credit: hacker-silhoutte,
via Wikimedia
commons

 

*A first version of this article
was published in French by Actualitรฉ …

โ€œGood IED !โ€ – The CJEU Grand Chamber โ€œIlvaโ€ judgment : a Kirchberg view of conciliating environmental law and human rights

 

 

Jacques Bellezit, University of Strasbourg
(France)

 

Photo credit: mafe de baggis, via Wikimedia Commons

 

If one wants to trace back the history of European construction, it
would necessarily have to mention the European…

Only one bite at the cherry: Appealing a default judgment of the General Court to the Court of Justice, and simultaneously asking the General Court under the specific remedy to set aside its own default judgment is not permitted: Eulex Kosovo v SC (Case C-785/22 P)

 

 

Antje Kunst*

* Antje Kunst is an
international lawyer and barrister of Pavocat Chambers, admitted to the Bar of
England and Wales, and the Bar of Berlin, advising and representing individuals
in a wide range of matters related to …

Recent asylum case law of the CJEU: Distinction, Integration or Extension from ‘Mainstream’ EU law?

 Professor Steve Peers, Royal Holloway University of
London

Photo credit: Luxofluxo, via Wikimedia Commons

 

Introduction

While attention has been focussed
on the overhaul of EU law on asylum โ€“ which I have analysed in an upcoming
article…

Restoring the Borderless Schengen Area: Mission Impossible? Summary of a new report

 Professor Steve Peers, Royal Holloway University of LondonPhoto credit: BlueMars, via Wikimedia CommonsMy European Policy Analysis report on the amendments to the
Schengen Borders Code, published
today by the Swedish Institute of European Policy …

The new EU asylum laws, part 6: the new Dublin rules on responsibility for asylum-seekers

 Professor Steve Peers,
Royal Holloway, University of London

Photo credit: Ggia, via Wikimedia Commons(last updated 10 June 2024: changed text marked by an asterisk)Just before Christmas, the
European Parliament and the Council (the EU body consi…

The new Screening Regulation โ€“ part 5 of the analysis of new EU asylum laws

 Professor Steve
Peers, Royal Holloway University of London

Photo credit: Rock Cohen, via Wikimedia
Commons(Amended on 14 May and 10 and 18 June 2024 – changed sentences marked with an asterisk)

Just before Christmas, the European
Parliament and…

The Council must swiftly implement a legal framework akin to the CEOS for staff employed in CSDP missions: Reflections on the Jenkinson litigation (Case C-46/22 P)

 

Antje Kunst*

Photo credit: Jan-Tore
Egge, via Wikimedia
Commons

Introduction

The Court of Justice of the
European Union in its judgment in Jenkinson
v Council and others ( Case C-46/22 P) of 18 January 2024 dismissed the
appeal brought by Mr…

Football Revolution: how do the Courtโ€™s rulings of 21 December 2023 affect UEFAโ€™s role as a โ€˜gatekeeperโ€™?

Steve Weatherill, Somerville
College and Faculty of Law, University of Oxford

Photo credit: Werner100359,
via Wikimedia
Commons

 

Summary

The Court of Justiceโ€™s rulings of
21 December 2023 found practices associated with prior approval of new…

The New EU Asylum Laws, part 3: the Resettlement Regulation

 

Professor Steve Peers,
Royal Holloway University of London*

Photo credit: Voice of
America, via Wikimedia
Commons *Sentences with an asterisk have been updated since the original post in light of later developments. Most recent update: 14 May …

The New EU Asylum Laws, part 2: the Reception Conditions Directive

Professor Steve Peers,
Royal Holloway University of London

Photo credit: Rebecca
Harms, via Wikimedia Commons *sentences with an asterisk have been corrected or updated since the original publication of this post. Most recent update 14 May 2024.&nb…

The New EU Asylum Laws, part 1: the Qualification Regulation

 

Professor Steve Peers,
Royal Holloway University of London*

Photo credit: Ggia, via Wikimedia
Commons

*sentences with an asterisk have been corrected or updated since the original publication of this post. Most recently updated 14 May 2024.&n…

Take this job and shove it: the revised EU law on non-EU migrant workers

 

Professor Steve Peers, Royal Holloway University of
London*Text updated Dec 22 2023, to add a link to the agreed text of the Directive, and April 12 2024, on its final adoption 

Photo credit: Lasse Fuss, via Wikimedia
commons

Overshadowe…

Taking Rights Away Seriously: the Councilโ€™s position on the long-term residents Directive

 

Professor Steve Peers, Royal Holloway University of London

Photo credit: JLogan, via Wikimedia
commons                   

Although the Commission …

The Windsor Framework: limiting the scope of EU law in Northern Ireland in practice, though not in theory (part 1)

 

 

Professor
Steve Peers,
University of Essex

 

Photo by David Iliff – License:
CC BY-SA 3.0

 

Introduction

 

After
many months of on-off negotiations and three Prime Ministers on the UK side,
the UK and EU have …

Of Third โ€˜Statesโ€™, โ€˜Countriesโ€™ and Other Demons – The CJEUโ€™s Judgment in Case C-632/20 P Spain v Commission (Kosovo)

 

Eva Kassoti, Senior
Researcher, CLEER academic co-ordinator, T.M.C. Asser Institute. E-mail: E.Kassoti@asser.nl

Photo credit: Aljabakphoto,
via Wikimedia commons – ล ar Mountains National Park in Dragaลก, Kosovo

On 17th January
2023, …

Does the Court of Justice of the European Union Respect the Limits of EU Competence?

 

 

Vilija
Vฤ—lyvytฤ—, British Academy Post-Doctoral Fellow, Somerville College, University
of Oxford

 

Photo credit: civarmy,
by wikipedia

 

My new book, โ€˜Judicial
Authority in EU Internal Market Law: Implications for the Bala…

EU foreign policy sanctions: extending and using EU criminal law powers to enforce them

 

Professor Steve Peers,
University of Essex

Photo credit: Pierre Blachรฉ, via Wikicommons

*This blog post draws upon
research for the forthcoming 5th edition of EU Justice and Home Affairs Law (OUP, 2023)

On Monday this week, the EU Council
ad…