Journal

'Second time’s a charm’ – the CJEU’s interpretation of the irregular border crossing criterion in the Dublin Regulation in A.S. and Jafari

Date: 
Tuesday, February 13, 2018

Introduction

On 26 July 2017, the Court of Justice of the European Union (CJEU) decided on the request for a preliminary ruling by a Slovenian (C-490/16) and an Austrian Court (C-646/16) and held that the responsibility criteria under the Dublin III Regulation (EU/604/2013) also applied during the so-called “migration crisis” of 2015/2016. According to the Grand...

Legal basis and solidarity of provisional measures in Slovakia and Hungary v Council

Date: 
Monday, December 4, 2017

Introduction

On 6 September 2017, the Court of Justice of the European Union (CJEU) handed down the judgment in an action brought by two EU Member States, Slovakia and Hungary, supported by Poland, against Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international...

The French suite. The effect of Al Chodor on the detention of asylum seekers for the purpose of a Dublin transfer

Date: 
Monday, November 27, 2017

Introduction

In its decision from 27 September 2017 [Pourvoi n 17-15.160, arrêt n° 1130], the first civil chamber of the Cassation Court in France examines and applies the conclusions of the case of Al Chodor given by the Court of Justice of the European Union (CJEU) on 15 March 2017...

Suite française. Les implications de l’affaire Al Chodor concernant la rétention des demandeurs d’asile dublinés

Date: 
Monday, November 27, 2017

Introduction

Dans sa décision du 27 septembre 2017 [Pourvoi n° 17-15.160, arrêt n° 1130], la première chambre civile de la Cour de Cassation tire les conséquences de l’arrêt rendu par la Cour de Justice de l’Union Européenne CJUE le 15 mars 2017 dans l’affaire Al Chodor [...

Summary land border expulsions in front of the ECtHR: ND and NT v Spain

Date: 
Wednesday, October 25, 2017

This journal contribution is to be read in conjunction with the EDAL case summary on ND and NT v Spain.

Introduction :

When ND and NT submitted their application to the European Court of Human Rights in February 2015, the latest Grand Chamber judgment on collective expulsions was Hirsi Jamaa and others v Italy...

Applying the Dublin Regulation to the family reunification of unaccompanied children in the absence of official asylum claims

Date: 
Friday, August 11, 2017

1.      Introduction

In recent years, thousands of children in need of international protection have traversed the Mediterranean and entered Europe unauthorised and unaccompanied by a parent or responsible adult. Many enter in the hope of reuniting with family members already residing in Europe, seeking both family reunification and international protection under the...

Hotspots under a spotlight: the legality of the hotspot approach in Italy

Date: 
Monday, June 26, 2017

Introduction

Constituting an iconic flagship of the European Agenda on Migration, Hotspots are the tool designed by the European Commission to prevent the “inflow” of migrants who arrive to Italy and Greece. 

According to ...

Ending impunity for the violation of migrant worker’s rights: Chowdury v Greece

Date: 
Monday, May 15, 2017

On 30 March 2017, the European Court of Human Rights handed down a judgment that condemned Greece for non-compliance with its positive obligations stemming from Article 4(2) of the European Convention of Human Rights - no-one shall be required to perform forced or compulsory labour. The Chamber judgment in Chowdury v Greece examines the forced labour of Bangladeshi migrant workers, who were working in the strawberry fields of Manolada.

...

The End of the Right to Asylum in Hungary?

Date: 
Wednesday, May 3, 2017

1. Introduction

On 28th March 2017, the Hungarian Act “On the amendment of certain acts related to increasing the strictness of procedures carried out in the areas of border management” entered into force, amending five pieces of domestic legislation: the Act on Asylum, the Act on the Admission and Right of Residence of Third-Country Nationals, the Act on State Border, the Act on Minor Offences and the Act on Child Protection and Guardianship Management. The newly past law requires that all asylum-seekers must submit their application in the transit zones...

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