The lack of a functional EU-level legal framework, designed for high immigration numbers, contributed to increasing recourse to practices of dissuading migrants away from the EU territory. This did not leave the European Court of Human Rights indifferent and it decided to give a legal green light to pushbacks under certain conditions. The Court applies its jurisprudence equally to all individuals and in all situations. In doing so, however, it violates the principle of the child’s best interests. A more nuanced approach should be taken, guaranteeing special protection to children, in accordance with the principle of the child’s best interests. Continue reading >>
The European Commission president Ursula von der Leyen announced on 1 March that the Commission will put forward a proposal for a “digital green pass” on 17 March, which would enable safe cross-border movement of three categories of individuals: those who have been vaccinated, those who have developed antibodies after recovering from COVID-19 and those who can produce a negative PCR test. This concept could enable individuals to travel across Europe without unduly discriminating citizens. By contrast, "EU vaccination certificates" would violate EU law and unduly discriminate citizens. Continue reading >>
COVID-19 has demonstrated the fragility of EU free movement rules when faced with an unknown virus of such magnitude and strength, while raising the issues of power, solidarity and trust in the system.
The fear of COVID-19 has also had a strong impact on the application of two principles in EU free movement law: the principle of proportionality and the precautionary principle. The pandemic has had a transformative effect on the application of these principles. Continue reading >>