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Public Policy Restrictions in EU Free Movement and Migration Law: General Principles and Guidelines
Pieter Boeles, Evelien Brouwer, Kees Groenendijk, Eva Hilbrink and Willem Hutten
On 25 June 2021 the Meijers Committee presented its newest publication about public policy restrictions in EU free movement and migration law to Corinna Wissels, state council (staatsraad) at the Dutch Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak van de Raad van State). The Meijers Committee also invited a panel of experts to discuss the publication: Dennis Bode, judge at the district court of Amsterdam and president of the court’s Aliens Chamber (Vreemdelingenkamer); Julien Luscuere, Dutch migration law attorney and president of the specialist association for migration law attorneys (SVMA); Tristan Wibault, Belgian migration law attorney, coordinator for Belgium at the European Legal Network on Asylum (ELENA); and Kathrin Hamenstaedt, lecturer in law, Brunel University London, PhD from Maastricht University on the margins of discretion in European expulsion cases. You can watch the book presentation and seminar here.
The purpose of this publication is to provide a systemic reading of EU law and CJEU case law in order to identify common standards and principles with regard to the use of public policy restrictions in EU migration law. We firstly submit that, despite all the existing differences, common standards and principles can be distilled from EU law as it stands. In identifying these principles, we aim to emphasize convergences in the applicable legal standards under EU law, rather than to highlight the differences. Secondly, we submit that these common standards and principles amount to concrete obligations for national authorities, with a clear added value to the assessment under Article 8 ECHR. These standards and principles should be leading all practices of decision- making within the scope of EU law. The current practices, where Article 8 ECHR assessments are predominant, incorrectly disregard EU law standards, which comes at the detriment of the fundamental rights of migrants.
The book is available here.
The Principle of Mutual Trust in European Asylum, Migration and Criminal Law: Reconciling Trust and Fundamental Rights
Hemme Battjes, Evelien Brouwer, Paulien de Morree and Jannemieke Ouwerkerk
On 6 March 2012 the Meijers Committee presented the first copy of The Principle of Mutual Trust in European, Asylum, Migration and Criminal Law: Reconciling Trust and Fundamental Rights to Maria Asenius, Head of Cabinet of Commissioner Cecilia Malmstrom.
The central theme of this publication is the tension between mutual trust of Member States of the European Union in the recognition and execution of each others judicial decisions on the one hand and the protection of fundamental rights on the other hand. The authors analyse the scope of mutual trust and the way this principle functions in four European legal areas: the allocation of responsibility for asylum claims (the Dublin system), the exchange of information on persons registered with the purpose of refusing entry or stay (the SIS-alerts), decisions related to the return of illegal third-country nationals (return decisions and entry bans) and judicial cooperation in criminal affairs.
According to the Meijers Committee there is a considerable gap between the protection of fundamental rights of individuals and legal remedies, especially with regard to the possibility of individuals and courts to rebut the presumption of trust. Therefore, extra safeguards and procedural guarantees must be adopted and implemented so that national competent authorities are provided with further tools for solving questions relating to the burden of proof and the rebuttal of the presumption of mutual trust. In the concluding chapter, criteria for these safeguards and procedural guarantees are formulated.
The book is available here.