Safety First: Forced Mobilization and the Right to Seek Asylum

Everyone has the right to seek asylum. Human rights do not change based on race, religion, sex, or nationality. On the other hand, compulsory military service is not illegal and fleeing persecution for refusal to join armed forces should meet certain criteria.

Rytis Satkauskas • October 13, 2022

Does the European Court of Justice Induce Societal Change? A Research Teaser

Is the EU’s judiciary an effective agent for societal change? Or does it merely alter the ‘law in the books’ at Member State level? A research teaser.

Henri de Waele • July 05, 2022

The role of European Courts in contemporary (im)migration governance

The migration domain is made of a congeries of institutional and non-institutional actors contending and negotiating their role and space in the migration governance. What is the role of courts in this complex, stratified and ever-changing context?

Madalina Bianca Moraru • June 16, 2022

Revival of the Dutch pre-pack by the CJEU

The CJEU has surprisingly ruled in Heiploeg that the Dutch pre-pack can fall under the exception of Article 5(1) of the Transfer of Undertakings Directive. This may well bring about the revival of the pre-pack.

Jiahui Plomp • May 16, 2022

No perspective for unaccompanied minors: The wrong implementation of T.Q.

The CJEU ruled in T.Q. that the Dutch policy on unaccompanied minors who do not qualify for international protection is in breach of the EU Returns Directive. New Dutch policy has not corrected this situation.

Mark Klaassen • January 14, 2022

Religious slaughter in the Union: An end to national discretion?

After a preliminary reference on the Flemish ban on slaughter without stunning, how will the CJEU preserve the balance between animal welfare and religious freedom in the EU?

David Hamburger and Karst Vriesendorp • July 20, 2020

Getting the Dutch pre-pack done: The options after Heiploeg

Together with the emergence of the Dutch pre-packaged bankruptcy practice came the call for a legal basis to set a framework for the pre-pack. Establishing a legal basis for pre-packaged bankruptcy seemed over time to become like flogging a dead horse.

Barend Vos and Gert-Jan Boon • May 05, 2020

Pilate washes his hands. The CJEU misses an opportunity to rule on pre-trial detention

The very recent ruling of the CJEU in DK (C-653/19 PPU, 28 November 2019) confirms the limited applicability of Directive 2016/343 on the presumption of innocence and fails to deal with overuse of pre-trial detention across the EU.

Adriano Martufi and Christina Peristeridou • December 11, 2019

Deepwater Horizon

A little over nine years ago, a fire at the drilling rig ‘Deepwater Horizon’ caused the largest oil spill in the history of the petroleum industry in the Gulf of Mexico. This month a new episode was added in the litigations following this disaster.

Sjoerd Yntema • June 27, 2019

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