Luk, Ngo Chun

Position / Title

Assistant Professor in Private Law

Department

Faculty of Law

Email Address

chun.luk@ua.aw

ORCID

0000-0002-2632-6637

Fields of Specialization

Asylum and migration law
Human rights law
Nationality law and European citizenship

Last updated August 27, 2025

Biography

Chun Luk has been an Assistant Professor in Private Law in the Faculty of Law at the University of Aruba since 2022. Additionally, he is the Chair of the Exam Committee of the Law faculty. Chun is moreover interested in research in the field of Aruban property law and legal issues of small island jurisdictions in regional and international perspectives.

Publication Search Results

Now showing 1 - 10 of 35

Metadata only
'See no Europe, hear no Europe, speak no Europe': An essay for intensifying judicial dialogue between the Aruban courts and the Court of Justice of the European Union
(Uitgeverij Paris, 2024-12) Luk, Ngo Chun; Luk, Ngo Chun; Bonnevalle-Kok , Ruth; Deogratias, Benedicta; Huiskes, Brechtje
The European Union (EU) is currently composed of 27 Member States. A number of these EU Member States have territories beyond the European continent, and the relationship of these overseas territories with the EU find their extraordinary status reflected in the Treaties in two ways: overseas countries and territories (OCTs) and the outermost regions (ORs). The relationship between Aruba as a Dutch OCT and the European Union is first and foremost defined in Part IV of the TFEU and the Decision on the Overseas Association, including Greenland (DOAG). One question not answered in Part IV TFEU nor the DOAG is on the interpretation of EU law, and in particular, whether Article 267 TFEU applies to the OCTs. In other words: are courts and tribunals in the OCTs competent to submit questions to the Court of Justice of the EU (CJEU) through the so-called preliminary reference procedure? In Kaefer and Procacci, the Court of Justice affirmed its jurisdiction to give a preliminary ruling on the question issued by OCT courts. Research by Geursen demonstrates that Dutch OCT judges admitted to not having submitted any preliminary references. The lack of judicial interaction between the (Dutch) OCT judges and Luxembourg is partly due to a knowledge gap on the competence of OCT judges to submit preliminary references to the CJEU. This essay aims to contribute to bridging this gap by setting out preliminary references by OCT courts and tribunals, examining its scope, conditions and limitations through the lens of the Dutch OCT of Aruba. It conducts an exploration of the fields of Aruban law where EU law is applicable, and considers some judicial-technical, procedural and practical aspects of submitting preliminary references.
Metadata only
The role of public law in shaping sustainable behaviour in private law: The case of legislating solar panel ownership in Aruba
(ICON-S, 2024-07) Luk, Ngo Chun
This paper explores the use of legislation as a public law tool to influence human activity in the private law sphere, focusing specifically on ownership of solar panels in Aruba as a case study. It presents the predicament posed to property rights of solar panels in Aruba and the new amended provision in the Aruban Civil Code aimed to address it. The motivations underpinning the legislative amendment and the legal and societal obstacles it aimed to address are set out and situated in the context of the Aruban SDG implementation of tackling climate change – more specifically the need for policies and regulatory framework conducive to renewable energy production and consumption. The impact of this legislative change on the uptake of solar panel ownership in Aruba is evaluated through semi-structured interviews with key stakeholders. The paper discusses whether the aim pursued by the legislative amendment has been achieved, and discusses the role that legislation and other public law tools can play in stimulating sustainable behaviour in the private (law) sphere.
Open Access
Fruta di nos Hofi : het verleden, heden en de toekomst van het Arubaanse recht
(Uitgeverij Paris, 2024) Luk, Ngo Chun; Bonnevalle-Kok, Ruth; Deogratias, Benedicta; Huiskes, Brechtje; luk, Ngo Chun; Bonnevalle-Kok, Ruth; Deogratias, Benedicta; Huiskes, Brechtje
Open Access
European Union Policies on Onward and Secondary Movements of Asylum-seekers and Refugees: A Critical Overview of the EU’s Migration Management Complex
(Center for European Policy Studies (CEPS), 2022) Carrera, Sergio; Luk, Ngo Chun; Mager, Friederike; Stefan, Marco
This report examines European Union policies designed to manage the irregular movements of asylum-seekers and refugees from selected African and Asian countries, and what the EU calls ‘secondary movements’ inside the Schengen Area. It provides a detailed qualitative assessment of the EU’s migration management complex i.e. the conglomerate of EU instruments and actors behind policies aimed at managing the unauthorised cross-border mobility by asylum seekers and refugees. The report analyses the conceptual and methodological biases behind the ‘pull and push migration theory’ and the predominant use of ‘migration maps’ representing arrows symbolising unauthorised human journeys following seemingly linear ‘migration routes’ and heading towards the EU. It proposes that these conceptual and visual tools should no longer be used, and instead the focus should be on the roles and impacts of the EU migration management complex in co-creating and reproducing the very phenomena that they are seeking to address, i.e. irregular human mobility across various world regions and within Europe. The assessment provides a cross-instrument and cross-actor examination characterising the policies that the EU currently implements in the scope of both its external and internal dimensions. The analysis comes with a set of visualisations and infographics illustrating EU instruments, and their prevailing priorities. The report finds that EU policies co-create irregularity and the unauthorised mobility of asylum seekers coming from certain non-European world regions. EU policies disregard individuals’ legitimate reasons for engaging (or not) in cross-border mobility and their agency to self-relocate in the Schengen Area. They create discrimination against nationals of certain African and Asian countries from accessing genuine and effective legal entry mechanisms and the ability to seek asylum in the Union. The report recommends the need to ensure a systematic use of ex ante, ongoing and ex post human rights impact assessments and the establishment of an independent, transparent and effective monitoring mechanism, in the form of an EU observatory, to monitor the hyper complexity emerging from EU external and internal migration policies, so as to ensure their accountability and consistency with EU rule of law and fundamental rights principles
Open Access
Limitations on Human Mobility in Response to COVID-19: A preliminary mapping and assessment of national and EU policy measures,their sanctioning frameworks, implementation tools and enforcement practices
(Center for European Policy Studies (CEPS), 2021) Stefan, Marco; Luk, Ngo Chun
This report provides a mapping of measures adopted by the European Union and 10 selected Member States to restrict human mobility in order to tackle the spread of COVID-19. It also investigates the impact of the enforcement of mobility restrictions and border controls introduced since the outbreak of the pandemic on the individual rights and freedoms of EU citizens and third-country nationals. It does so by looking at the ways and extents to which different types of restrictions have been implemented and enforced over the 11-month period from the beginning of March 2020 until the end of January 2021. First, the report identifies and categorises the different typologies of border and mobility restrictions introduced at different levels of governance (EU, international, national and subnational) to contain the spread of COVID-19. Second, the report scrutinises the rationale used to justify the introduction of such measures, looks at the procedures followed for their adoption and implementation, and examines the compatibility of the different categories of intervention with the principles of legality, necessity and proportionality enshrined in EU law. Third, the report looks at the impact of the application of such restrictions on the coherent application of the system of norms and standards currently governing intra-EU mobility, and the management of migration and asylum at the EU’s external borders
Open Access
Strategic Lawsuits Against Public Participation (SLAPP) in the European Union - A comparative study
(2021) Bayer, Judit; Bárd, Petra; Vosyliute, Lina; Luk, Ngo Chun
The European Commission has added the issue of Strategic Lawsuit(s) against Public Participation (SLAPP or SLAPPs) onto its legislative agenda for 2021. In particular, the European Democracy Action Plan targets SLAPP phenomenon. This study aims to shed light on the legal environment of SLAPP in the European Union and its Member States. This includes an overview of the legislative environment and court practices relevant to SLAPP. The study also analyses specific cases of the European Court of Human Rights (ECtHR) in the context of SLAPP. Moreover, an assessment is made of how democracy, the rule of law, and fundamental rights are interconnected with the issue of SLAPP. SLAPP cases impose a chilling effect on the free press and the work of civil society organisations. Investigative journalism contributes to the fight against corruption, fraud, clientelism, and other illegal actions or anomalies which have a negative effect on national economies and the EU budget. The effect produced by SLAPP cases discourages inquiry and disclosure which could otherwise lead to a better enforcement of EU law. The study builds on the results of a previous, preliminary paper by the same research team.3 The researchers used a three-step data collection methodology: 1) a preliminary survey from civil society to map the major issues across the EU, 2) qualitative expert country notes produced by a network of academics and legal practitioners covering all 27 EU Member States, and 3) a focus group discussion to identify solutions at the EU level to the most complex issues.
Open Access
Protecting civil society space
(Policy Department for Citizen's Rights and Constitutional Affairs, European Parliament, 2020) Vosyliute, Lina; Luk, Ngo Chun; Van der Elst, Fabienne
This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, covers the challenges facing the civil society space. Watchdog NGOs and other human rights defenders have been under pressure during the humanitarian and rule of law ‘crises’. Several EU Member States have passed laws that fall short of international, regional and EU freedom of association standards. Some governments have used the COVID-19 pandemic to further restrict the civic space. The study explores how the EU could protect civil society from unjust state interference by strengthening freedom of association, assembly and expression, as well as the right to defend human rights. The study elaborates on four policy options: introducing a European association statute; establishing internal guidelines to respect and protect human rights defenders; developing a civil society stability index; and creating a network of focal contact points for civil society at EU institutions. It recommends strengthening the independence of critical civil society actors and increasing funding for activities such as strategic litigation to uphold EU laws and values.
Open Access
Type B report – Member State measures on inclusion of EU mobile citizens. Information and access to rights.
(Center for European Policy Studies (CEPS), 2020) Carrera, Sergio; Schneider, Hildegard; Vosyliute, Lina; Smialowski, Stephanie; Luk, Ngo Chun; Vankova, Zvezda; Tóth, Judit; Kovats, Andras
Open Access
Type A Report – Comprehensive overview of Union citizenship developments
(Center for European Policy Studies (CEPS), Maastricht University, 2020) Carrera, Sergio; Schneider, Hildegard; Luk, Ngo Chun
Open Access
Study for Type B Report – Facilitation of entry and residence of ‘other family members’ of Union citizens
(Center for European Policy Studies (CEPS), Maastricht University, 2020) Luk, Ngo Chun; Vankova, Zvezda