This Note explores whether the E.C. treaties, nonetheless, provide the European Court of Justice (ECJ) sufficient competence to use the Reception Directive as a vehicle to assess the Residenzpflicht in relation to the Refugee Convention. It concludes that, through the Residenzpflicht, Germany denies refugees lawfully present their Convention right to free movement within its territory, and that the ECJ can order the restoration of this right.
Revisiting Germany's Residenzpflicht in Light of Modern E.U. Asylum Law,
Mich. J. Int'l L.
Available at: https://repository.law.umich.edu/mjil/vol30/iss2/5