December 02
2021
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Trajan Shipley
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27th October 2021
Employment & Immigration Justice & Litigation

Court of Justice to rule on suspensive effect of appeal against decision on residence permit under Dublin III Regulation

In Staatssecretaris van Justitie en Veiligheid (C-338/21), the Court of Justice will hear a case on the validity of the suspensive effect given by national law to an appeal against a decision in proceedings concerning an application for a residence permit on the grounds of human trafficking. The request has been officially published.

Article 27(3) of the Dublin III Regulation provides for a series of remedies that Member States must provide for in their national legislation for appeals or reviews against transfer decisions, while Article 29 establishes a series of modalities and time limits applicable to transfers. 

In the case at issue, the Dutch Council of State (Raad van State) asks whether a Member State who has impleme

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