Ben Alaya, Air Baltic and Koushkaki were some on the cases, where the CJEU has read rights to entry, residence and visa in EU law.
Are you aware of other cases where the Court does that on the basis of the harmonization of EU law? Any pending cases?
I think is a very interesting topic!! I am not aware, but I will think about it!
Dear Mariana, I can't help you but I'm just wondering why you're speaking of harmonization of EU Law. Isn't it harmonization of national law by process of interpretation of EU Law instead?
I am not sure that I understand the question. Have you looked at Case C-200/02 Zhu and Chen? I presume these are not the kind of constellations you have in mind? Can you be a bit more specific whether you are referring to EU citizens, long-term residents pursuant to Dir 2003/109, Blue Card holders pursuant to Dir 2009/50, or nationals of associated countries resident in the EU (= primary rights holders), or family members of primary rights holders (= secondary rights holders), or third country nationals without such connections who are applying for asylum or temporary protection? Or some other group?
There are probably more cases involving asylum and the Returns Directive. But in terms of legal migration and border control, the judgments which in principle lead to harmonisation of some kind are also Chakroun, K and A, P and S, Melki and Abdeli, Kamberaj, Sommer, Singh, and Shomodi. Pending cases: Khachab, Fahimian.
