Refusal of entry or return? The CJEU’s ambiguous conclusions in ADDE and others

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Abstract

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.
Original languageEnglish
Pages (from-to)1-9
Number of pages9
JournalADiM BLOG
Publication statusPublished - 31 Dec 2023

Court cases

CourtCourt of Justice of the European Union (CJEU)
Date of judgement21/09/23
ECLI IDECLI:EU:C:2023:689
Case numberCase C-143/22

Keywords

  • EU Returns
  • Secondary movements
  • Refusal of entry at the EU's external borders
  • European Migration Law

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