MEP Fabrice Leggeri (Patriots for Europe) has questioned the European Commission over whether it plans to clarify or amend EU migration and asylum legislation where Court of Justice of the European Union (CJEU) rulings contradict the objectives set by the EU legislator. In a written parliamentary question dated 28 July 2026, Leggeri also asked whether the Commission intends to submit legislative proposals reaffirming the legislator's intent where it has been "substantially altered" by court interpretation.
The question, addressed to the Commission, cites concerns from several member states that CJEU case-law interpretations limit the effective implementation of democratically adopted decisions on migration, asylum and returns. Leggeri specifically referenced a CJEU social media post on World Refugee Day, which he argued raises questions about the court's appearance of impartiality when it regularly rules on EU migration policy.
The MEP's question contains no concrete numerical targets or deadlines but calls for a general reassessment of the balance between judicial interpretation and legislative intent. It reflects a broader political cleavage between those advocating for stricter national control over migration policy and those prioritising fundamental rights protections as interpreted by EU courts.
The Commission is expected to reply within approximately six weeks, and its response will signal whether it sees a need for legislative clarification or considers the current balance appropriate. The question impacts EU regulatory bodies, national authorities of EU member states, EU migrants and asylum seekers, and EU civil society organisations focused on fundamental rights.