Erik Scheers has filed a complaint with the European Commission, together with a number of other lawyers: Thom Dieben, Angelique Perdaems and Jaap Lameijer. This complaint (in Dutch) concerns the unsubstantiated decisions of the highest Dutch Courts, the High Council and the Council of State, on appeals filed on the interpretation of certain rules of European law. This concerns cases regarding immigration, as well as criminal and tax law. In various rulings the European Court of Justice and the European Court of Human Rights held that the highest national court is required to ask questions about the interpretation of European rules. This would not be necessary only under certain strict circumstances: if the question is irrelevant to the outcome of the dispute, if the Court has already addressed the issue in the past or if the case is so clear-cut that it is not necessary to ask any questions. A refusal by a national Court of last instance to make a reference to the European Court, providing no basis for justifying its decision, entails a breach of European law. As the highest Dutch courts also dismiss these cases without justification, a complaint has been filed with the European Commission. The European Commission can now ask the Netherlands for an explanation and launch infringement proceedings with the European Court for violating European law.
- Automatic right of residence for (family members of) EU citizens 20/07/2017
- European Court: residence rights for parent of Dutch child 10/05/2017
- Conditions for family residence permits relaxed 03/05/2017
- Questions to the European Court about automatic loss of Dutch nationality 19/04/2017
- Proper Service provision: fines for “illegal work” Foreign Nationals Empolyment Act (wav) abolished 05/04/2017