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

Chiara Raucea

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

Chiara Raucea

Public Law & Governance

Research output: Contribution to journal › Case note › Scientific › peer-review

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 language	English
Pages (from-to)	1-9
Number of pages	9
Journal	ADiM BLOG
Publication status	Published - 31 Dec 2023

Court cases

Court	Court of Justice of the European Union (CJEU)
Date of judgement	21/09/23
ECLI ID	ECLI:EU:C:2023:689
Case number	Case C-143/22

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 10 Reduced Inequalities

Keywords

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

Access to Document

http://www.adimblog.com/2023/12/31/refusal-of-entry-or-return-the-cjeus-ambiguous-conclusions-in-adde-and-others/

Discussion of the case C-143/22 ADDE and others delivered on 21 September 2023
Raucea, C. (Speaker)
11 Oct 2023
Activity: Talk or presentation types › Oral presentation › Scientific

Global Law & Governance
Adams, M. (Researcher), Arnoldussen, T. (Researcher), Augenstein, D. (Researcher), Bastmeijer, K. (Researcher), Bijlmakers, S. (Researcher), Boot, E. (Researcher), Bot, M. (Researcher), De ruysscher, D. (Researcher), Fleurke, F. (Researcher), Goodwin, M. (Researcher), Goossens, J. (Researcher), Groenleer, M. (Researcher), Grover, L. (Researcher), Hendriks, F. (Researcher), Jägers, N. (Researcher), Karsten, N. (Researcher), Leenknegt, G.-J. (Researcher), Lesaffer, R. (Researcher), Lindahl, H. (Researcher), Maleki, A. (Researcher), Paiement, P. (Researcher), Partiti, E. (Researcher), Rajkovic, N. (Researcher), Raucea, C. (Researcher), Rombouts, B. (Researcher), Somsen, H. (Researcher), Trouwborst, A. (Researcher), Tzankova, I. (Researcher), Verschuuren, J. (Researcher), Wilthagen, T. (Researcher), Wolf, E. (Researcher), Wolswinkel, J. (Researcher), Zouridis, S. (Researcher), van Hulst, M. (Principal Investigator), van Waas, L. (Researcher), van der Schyff, G. (Researcher), Hirsch Ballin, E. (Researcher), Meuwese, A. (Researcher), Van Hulle, I. (Researcher), Stapper, M. (Researcher), Clements, R. (Researcher), Kari, V. (Researcher), Sipiorski, E. (Researcher), Mooij, A. (Researcher), den Hollander, M. (Researcher), Oosterom-Staples, H. (Researcher), van Bockel, B. (Researcher), Cavalcanti, M. (Researcher), Delgado, L. (Researcher), Geuens, M. (Researcher), Koenraad, R. (Researcher), Leach, M. (Researcher), Leijten, I. (Researcher), Leloup, M. (Researcher), Lukkari, H. (Researcher), Muslu, Z. (Researcher), Palombo, D. (Researcher), Bazzan, G. (Researcher), Frins, R. (Researcher), Gkliati, M. (Researcher), Kempeneer, S. (Researcher), Ranchordás, S. (Researcher), Timmermans, N. (Researcher), Huisman, P. (Researcher), Kaufmann, R. (Researcher), van Ostaaijen, J. (Researcher) & in 't Veld, M. (Researcher)
1/01/19 → 31/12/23
Project: Research project

Cite this

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title = "Refusal of entry or return?: The CJEU{\textquoteright}s ambiguous conclusions in ADDE and others ",

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{\textquoteright}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.",

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AB - 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.

KW - EU Returns

KW - Secondary movements

KW - Refusal of entry at the EU's external borders

KW - European Migration Law

M3 - Case note

SP - 1

EP - 9

JO - ADiM BLOG

JF - ADiM BLOG

ER -

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

Abstract

Court cases

UN SDGs

Keywords

Access to Document

Fingerprint

Activities

Discussion of the case C-143/22 ADDE and others delivered on 21 September 2023

Projects

Global Law & Governance

Cite this