On 1–2 April 2025, the International Commission of Jurists (ICJ) and its partners convened national lawyers and European legal experts for a two-day transnational workshop focused on litigation strategies before the Court of Justice of the European Union (CJEU). The discussions centered on immigration detention and alternatives to detention of children, aiming to enhance legal practitioners’ capacity to leverage EU mechanisms to protect migrant children’s rights.
Participants engaged in expert-led sessions that examined the CJEU preliminary ruling procedure in detail. Discussions provided valuable insights into the procedure, requirements, and strategic considerations for drafting and submitting preliminary questions. Lawyers from the CJEU outlined the obligations of national courts to interpretate national law consistently with EU law.
“Using the preliminary references by national judges to the Court of Justice of the EU is part of the cooperation among the courts within the EU that should lead to effective implementation of EU law,” said Martine Comte, ICJ Commissioner.
© ICJ/Adèle Dachy – All rights reserved – Use subject to prior authorization
The exchange benefitted significantly from lawyers’ first-hand experience in supporting national judges in drafting preliminary questions, preparing written observations, and participating in oral hearings. Procedural implications of such litigation were addressed, including scenarios such as an applicant absconds during proceedings and the potential for preliminary question to inadvertently prolong detention. The discussions elaborated on the enforcement of preliminary rulings, explaining that while rulings apply directly to the specific case at hand, they must also guide similar cases across EU Member States.
Participants noted how the CJEU’s increasing consideration of the best interests of the child in the immigration-related cases has over time also influenced the evolution of EU acquis, and it is now more frequently invoked in national litigation.
The workshop also explored the European Commission’s role in launching infringement procedures against Member States that fail to implement EU law and CJEU rulings. A representative from the European Commission, outlined the legal tools available at the EU level for addressing non-compliance with EU law, including the discretion exercised by the European Commission in deciding whether to initiate proceedings.
Examples of specific infringement proceedings were provided, offering participants practical insights into how legal professionals can effectively support the European Commission in initiating such cases. This support may include submitting well-founded complaints, or supplying crucial background information to strengthen proceedings.
Final breakout sessions allowed participants from Malta, Belgium, the Czech Republic, Poland, Greece, and Bulgaria to discuss national challenges and country-specific entry points and strategies for CJEU litigation to protect migrant children from detention within the EU legal framework.
© ICJ/Adèle Dachy – All rights reserved – Use subject to prior authorization
Background
The Protecting Migrant Children against Detention through the EU Charter (RELEASE) project aims to deepen and expand the existing work with a strong focus on strategic litigation and alternatives to detention (AtD) for migrant children at risk of being subjected to unlawful detention or whose rights may be violated in alternatives to detention. The consortium of partners contributes to a favourable EU environment to protect migrant children from detention in Malta – Aditus Foundation; Belgium – Défense des Enfants International-Belgique; the Czech Republic – Forum for Human Rights; Poland – Helsinki Foundation for Human Rights; Greece – Greek Council for Refugees; and Bulgaria – Foundation for Access to Rights.
Download
Download the agenda here.
Contact
For more information, please contact: Laura Duchamp, Legal Researcher, laura.duchamp@icj.org
