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Summary EU Migration Law overview case law
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An overview of case law (with a brief indication of the content), directives and regulations per week.
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EU Migration Law lecture notes week 1 - 7
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Samenvatting van alle problemen European law: JHA
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Prescribed literature of Problem 2 School year 2016/2017
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EU migration law: forced and unforced migration to the EUWeek 1: introduction to EU migration law (intro & borders)
Schengen Borders Code.
ECtHR Hirsi v Italy Þ art. 3 ECHR and art. 4 Protocol 4 ECHR applicable on high seas.
ECtHR M.N. and others v Belgium Þ jurisdiction (art. 1 ECHR).
ECtHR N.D. and N.T. v Spain Þ art. 4 Protocol 4 ECHR not violated if available checkpoints but not
used.
Week 2: the common European asylum system (asylum I)
Dublin Regulation.
Reception Conditions Directive (2013/33/EU).
Asylum Procedures Directive (2013/32/EU).
ECtHR M.S.S. v Belgium and Greece Þ art. 3(2) Dublin Regulation, human rights exception, extreme
material poverty (art. 3 ECHR).
CJEU N.S. and M.E. Þ art. 3(2) (§3) Dublin Regulation, human rights exception, art. 4 EU Charter FR.
CJEU Jawo Þ art. 3(2) (§3) Dublin Regulation, human rights exception, extreme material poverty (art.
4 EU Charter FR).
Week 3: grounds for protection – well-founded fear and real risk (asylum II)
Refugee Convention.
Qualification Directive (2011/95/EU).
Subsidiary protection:
ECtHR Sufi and Elmi Þ real risk (art. 2(f) Qualification Directive, general situation of violence.
ECtHR Paposhvili Þ real risk (art. 2(f) Qualification Directive, medical conditions (art. 3 ECHR).
CJEU Elgafaji Þ serious harm (art. 15(c) Qualification Directive.
Refugee:
CJEU X, Y and Z Þ particular social group (art. 10(1)(d) Qualification Directive).
Week 4: family migration
Citizens’ Directive (2004/38/EC).
Family Reunification Directive (2003/86/EC).
Art. 8 ECHR:
ECtHR Tuquabo-Tekle Þ first admittance (art. 8 ECHR – positive obligation).
ECtHR Abdulaziz, Cabales and Balkandali Þ art. 8 ECHR jo. art. 14 ECHR.
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