In ADDE and others, the Court of Justice of the European Union (CJEU) rules that the Returns Directive applies to third-country nationals (TCNs) who do not have a right to stay in a Member State’s territory when that Member State reintroduces border control at an internal border and the TCNs come directly from another Member State. Applying the Returns Directive to such cases entails that an option for voluntary departure shall be made available and detention shall comply with the purpose and limits set by Article 15 Returns Directive. However, the CJEU does not clarify the difference (if any) between decisions refusing entry and return decisions to be adopted towards TCNs who arrive, without satisfying the mandatory entry conditions, at an internal border where a Member State has temporarily reinstated border control by placing authorised crossing points within its territory.
Chiara Raucea
I work as an Assistant Professor of EU law at the Department of Public Law and Governance at Tilburg Law School (the Netherlands). At Tilburg University, I teach an LL.M. course on Migration and the Rule of Law and a bachelor's course on European Union Law.
My research is multidisciplinary and combines interests in doctrinal EU law with legal and political philosophy. In my work, I explore questions about the relationship between legal status and access to rights, as well as the rights of migrants in host communities. I am currently working on a project enquiring about the political dimension of the right to private life. I explore the argument that the right to private life may offer a solid ground to claim access to naturalisation, permanent residence, and regularisation of migration statuses.
Here is the link to my institutional website: https://www.tilburguniversity.edu/staff/c-raucea