German Archives | Page 4 of 5 | International Commission of Jurists

Popov v. France, ECtHR, Applications Nos. 39472/07 and 39474/07, Judgment of 19 January 2012

Jan 26, 2022

The European Court found that whilst mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, it cannot be inferred from this that the sole fact that the family unit is maintained necessarily guarantees respect for...

UNHCR, Refugee Children: Guidelines on Protection and Care

Jan 26, 2022

The UNHCR Guidelines aim to define the principles and practical measures for the protection and assistance of refugee children. UNHCR argues that because detention can be very harmful to refugee children, it must be used only as a measure of last resort and for the...

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals

Jan 26, 2022

The “Return Directive”, with implementation deadline of 24 December 2010, sets up a common set of rules for the return of non-EU nationals who do not or who no longer fulfil the conditions for entry, stay or residence within the territory of any EU country, and...

CJEU, M.A. v Belgium, Case no. C-112/20, 11 March 2021

Oct 21, 2021

This decision concerns a request for a preliminary ruling on the interpretation of article 5 of Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (the Return...

CJEU, M.A., B.T. and D.A. v Secretary of State of the Home Department, Case no. C-648/11, 6 June 2013

Oct 21, 2021

This decision concerns a request for a preliminary ruling on the interpretation of the second paragraph of article 6 of Council Regulation (EC) No 343/2003 (the Dublin II Regulation). The CJEU found that the child’s best interests must be a primary consideration in...