Case-law Archives | Page 34 of 35 | International Commission of Jurists

R.K. v. Spain, UNCRC Committee, Communication No. 27/2017, Views of 18 September 2019

Oct 21, 2021

The Committee recalls that the assessment of the age of a young person who claims to be a minor is of fundamental importance, as the outcome determines whether that person will be entitled to or excluded from national protection as a child. Similarly, the enjoyment of...

M.A. v Belgium, CJEU, 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...

M.A., B.T. and D.A. v Secretary of State of the Home Department, CJEU, 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...

Kanagaratnam and Others v. Belgium, ECtHR, Application no. 15297/09, Judgment of 13 December 2011

Oct 21, 2021

ECtHR decision on the detention of a mother with her three children in a closed center for four months. The family had been refouled after applying for asylum at the border at Brussels Zaventem airport. The European Court of Human Rights condemned Belgium on the basis...

Constitutional Court of Belgium, Decision n°166/2013, 19 December 2013

Oct 21, 2021

Decision of the Constitutional Court on the action for annulment brought by a coalition of associations on the legality of article 74/9 of the law of 15 December 1980. The Court confirmed the legality of this article and clarified its scope, finding that the detention...