Analysis: “CPAS de Seraing and CPAS de Liège: Towards a more coherent legal framework for ‘non-removable’ vulnerable migrants?” by Janine Silga
In the cases CPAS de Seraing (C-402/19) and CPAS de Liège (C-233/19), the Court of Justice had to provide further guidance on the extent to which ‘non-removable’ third-country nationals staying irregularly in the European Union (EU) are entitled to social assistance. Both decisions stem from the Abdida case (C-562/13). In this case, the Court had ruled, first, that an appeal lodged against a return decision by a migrant suffering from a serious illness was automatically suspensive. Second, the Court drew from this suspensive effect the need to ensure the basic needs of this person. It left the issue of their precise definition and how they should be provided to Member States’ discretion.
This developing case law addresses the uncl