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See detailPortability of Student Benefits in the European Union - The Luxembourg System
Silga, Janine UL

E-print/Working paper (2018)

Since its creation, Luxembourg’s system of financial aid for higher (university) studies has set as its primary objective the increase of the proportion of its resident population holding a higher ... [more ▼]

Since its creation, Luxembourg’s system of financial aid for higher (university) studies has set as its primary objective the increase of the proportion of its resident population holding a higher education degree. However, the fact that Luxembourg did not have its own university system until 2003 made this country even more dependent on other European countries to fulfil this policy objective. This explains why the portability of national financial assistance for higher education was crucial to achieve it. In the European Union (EU) context, the portability – or exportability – of student grants or loans may be defined as the faculty for students to ‘export’ such benefits to a Member State that is different from the one which allocates them. Portability is also the reason why the Luxembourg system falls into the scope of EU law, since it may interfere with equal treatment between workers all the more so, as frontier workers account for more than 45% of the country’s labour force. These peculiarities provide the background for the three decisions of the Court of Justice of the EU (CJEU) on the portability of financial aid for higher studies for children of frontier workers that lie at the heart of this paper. It will start by briefly highlighting the evolution of Luxembourg’s system of financial aid for higher education and present its main features. Then, it will show that despite the recent clarifications given by the CJEU in the last two cases of 2016, several issues remain unanswered, both from an EU and national law perspective. [less ▲]

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See detailLe droit au regroupement familial des réfugiés mineurs non accompagnés devenus majeurs: l’affaire A et S, entre progrès incontestable et portée relative
Silga, Janine UL

in European Papers (2018)

In its decision A and S (judgment of 12 April 2018, case C-550/16, A et S v. Staatssecretaris van Veiligheid en Justitie), the Court of Justice of the European Union ruled – for the first time – on the ... [more ▼]

In its decision A and S (judgment of 12 April 2018, case C-550/16, A et S v. Staatssecretaris van Veiligheid en Justitie), the Court of Justice of the European Union ruled – for the first time – on the relevant date for assessing the minority of an unaccompanied minor who reaches the age of majority in the course of their application for international protection. In this case, a young refugee had introduced an application for international protection while she was still minor of age but subsequently attained the age of majority during the procedure. In accordance with Art. 10, para. 3, let. a), of directive 2003/86 on the right to family reunification, she then applied for temporary residence permits for her relatives in the direct ascending line for the purposes of family reunification. Although she was granted asylum and thus fell within the scope of chapter V of directive 2003/86 laying down more favourable conditions for the family reunification of refugees, the directive was silent on whether she could have benefited from such conditions retroactively. Following its AG in this case, the Court avoided a formalistic interpretation and rather opted for a teleological approach of the more protective provisions of directive 2003/86. By doing so, it allowed their retroactive application to the young refugee and her parents. Through its interpretation, the Court restated its firm intention to protect the best interests of children – including third-country nationals – in the context of family reunification. Although it shows a definitely protective approach, the concrete impact of this decision appears to be somewhat limited in scope. [less ▲]

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See detailDroit d'Asile au Grand-Duché de Luxembourg - Guide pratique
Chaouche, Fatima UL; Gerkrath, Jörg UL; Silga, Janine UL et al

Book published by Pasicrisie Luxembourg (2018)

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See detailLa Protection de la Victime Contre la Haine Raciale: Le Point de Vue de la Victime
Silga, Janine UL

in Bentouhami, Hourya; Möschel, Mathias (Eds.) Critical Race Theory : une introduction aux grands textes fondateurs (2017)

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See detailMigrant Workers and Illegality - A European Perspective
Silga, Janine UL

Presentation (2015, June 30)

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See detailL'immigrazione nel cinema. Prospettiva Soggettiva e Storica
Silga, Janine UL; Casiello, Giorgia

Conference given outside the academic context (2015)

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See detailL'intégration des migrations au développement
Silga, Janine UL

in Goodwin-Gill, Guy S.; Weckel, Philippe (Eds.) Protection des migrants et des réfugiés au XXIe siècle - Aspects de droit international, Migration and Refugee Protection in the 21st Century - International Legal Aspects (2015)

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See detailRestiamo Umani - Le Vie dell'Accoglienza
Silga, Janine UL

Conference given outside the academic context (2015)

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See detailShifting perspective on the migration and development nexus in the context of the European Union : From the migration management approach to the development paradigm of mobility?
Silga, Janine UL

in Podstawa, Karolina; Puccio, Laura (Eds.) Framework for Economic Development in EU External Relations (2012)

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