Explaining the Puzzle of Dutch Non-Referral to the CJEU of Economic Migration from Outside the EU

Why have Dutch courts referred no preliminary questions to the EU Court of Justice with respect to economic migration from outside the EU, although otherwise eager to refer in the field of migration in general or economic migration within the EU? The Dutch economic migration case law raises a plethora of issues in relation to the application of EU economic migration Directives (single permit, blue card, employer sanctions, long-term residents). In some cases the interpretation of EU law was far from obvious and lawyers suggested referral. We analyze why questions weren't asked by doing an in-depth legal analysis of published case law. We try to explain the absence, building on theories on 'how judges think' derived from literature and previous interviews with Dutch judges. The highest Dutch courts in the area of migration apply Cilfit pragmatically and shun a reference even when there is some doubt. This contribution adds to the existing literature by addressing understudied case law and it challenges stereotypical thinking on economic (highly skilled) migrants and their 'deserving' of rights.