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The Higher Administrative Court of Hesse issued a ruling on 5 March 2018 (case no: 9 B 56/19) withdrawing the right to free movement for European Union workers from a Bulgarian national. The Court issued this ruling because an overall assessment of the objective circumstances in her case led it to believe that she did not comply with the intent of the freedom of movement regulations, even though she formally met the conditions set out under EU law. The court came to this conclusion because the Bulgarian had acted with the intention of benefiting from EU law by arbitrarily meeting the prerequisites for freedom of movement as a worker in order to obtain additional social security benefits. Read more ...

The Court of Justice of the European Union decided on 26 March 2019 in its judgment in case C-129/18 (SM v Entry Clearance Officer, UK Visa Section) that a minor in the guardianship of a citizen of the EU under the Algerian kafala system cannot be regarded as a ‘direct descendant’ of that citizen. However, that citizen’s Member State of residence must facilitate, following an assessment, that minor’s entry to and residence in its territory. Read more ...

On 12 September 2018, the European Commission published a proposal for a recasting of the 2008 Return Directive, which stipulates common standards and procedures in Member States for returning irregular migrants who are non-EU nationals. Effectively returning irregular migrants is one of the key objectives of the European Union’s migration policy. However, Member States currently face challenges: national practices implementing the EU rules vary and the overall return rates remain below expectations. The proposal was not accompanied by a Commission impact assessment. The European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) therefore asked the European Parliamentary Research Service to provide a targeted substitute impact assessment of the proposed recast Return Directive. Read more ...