A Member State that has given notice of its intention to withdraw from the EU in accordance with Article 50 TEU remains the responsible State for the purposes of the Dublin III Regulation

On 10 January 2017, the International Protection Appeals Tribunal (IPAT, Ireland) upheld a decision of the Irish Refugee Applications Commissioner recommending the transfer of S.A., M.A. and their child A.Z. to the UK. The Commissioner took the view that the UK was the country responsible for taking charge of the asylum applications brought by S.A. … Continue reading A Member State that has given notice of its intention to withdraw from the EU in accordance with Article 50 TEU remains the responsible State for the purposes of the Dublin III Regulation

Brexit Negotiations: What is in the Withdrawal Agreement

The European Commission and the United Kingdom's negotiators have reached an agreement on the entirety of the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as provided for under Article 50 of the Treaty on European Union. The Withdrawal Agreement establishes the … Continue reading Brexit Negotiations: What is in the Withdrawal Agreement

A worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave

Mr Sebastian W. Kreuziger was a paid legal trainee with the Land of Berlin (Germany). During the last months of this trainee-ship, he refrained from taking paid annual leave. After his trainee-ship ended, he requested an allowance in lieu of the days of leave which he had not taken, which the Land refused. Mr Kreuziger … Continue reading A worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave

Auditors welcome greater protection for whistleblowers in the EU

A proposed system to protect persons reporting breaches of EU law – known as whistleblowers – could increase their legal rights in all Member States and give citizens a central role in ensuring EU rules are applied in the context of their work, according to a new Opinion from the European Court of Auditors. The … Continue reading Auditors welcome greater protection for whistleblowers in the EU

European Commission oversight of Member States’ application of EU Law to be strengthened, say Auditors

Opportunities exist for the European Commission to further strengthen its oversight of the way EU law is applied in the Member States, according to a new Landscape Review by the European Court of Auditors. The review looks at the Commission’s oversight activities and identifies challenges and opportunities ahead. It also points to the need for … Continue reading European Commission oversight of Member States’ application of EU Law to be strengthened, say Auditors

Rule of Law: European Commission takes next step in infringement procedure to protect the independence of the Polish Supreme Court

Today, the European Commission decided to send a Reasoned Opinion to Poland regarding the Polish law on the Supreme Court. The new Polish law on the Supreme Court lowers the retirement age of Supreme Court judges from 70 to 65, which puts 27 out of 72 sitting Supreme Court judges at risk of being forced … Continue reading Rule of Law: European Commission takes next step in infringement procedure to protect the independence of the Polish Supreme Court

Advocate General’s Opinion in Case C-221/17 M.G. Tjebbes and Others v Minister van Buitenlandse Zaken

Advocate General Mengozzi proposes that the Court should rule that the automatic loss of Netherlands nationality, which leads to the loss of citizenship of the EU, for minors living outside the EU is incompatible with EU law. A number of Netherlands citizens possessing a second nationality of a non-EU country brought proceedings before courts in … Continue reading Advocate General’s Opinion in Case C-221/17 M.G. Tjebbes and Others v Minister van Buitenlandse Zaken