Journal

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...

Equality of arms? Use of classified information in return cases in Poland

Date: 
Wednesday, April 26, 2017

Introduction

Return decisions should generally include factually based information on why the decision is being issued. However, under the Return Directive justification of the decision can be limited for reasons of national security (Article 12(1) second sentence). The information contained in such a decision is often provided by the intelligence services of the state and therefore protected by the law. The problem arises when factually based information is not...

The ECtHR Ruling in Ilias and Ahmed: ‘safe third country’ concept put to the test

Date: 
Thursday, April 13, 2017

On 14 March 2017 the Fourth Section of the European Court of Human Rights (ECtHR) delivered its judgement in the case of Ilias and Ahmed v. Hungary concerning two asylum seekers of Bangladeshi nationality who were detained at the border zone in Hungary and then subject to removal to Serbia. Although the judgement is not final yet (as Hungary could...

The Emergence of the Entry Human Rights Principle. Looking Beyond the X.X. Case

Date: 
Thursday, April 6, 2017

1. Introduction 

On 7 March, the CJEU in the X.X. case decided that Member States were not obliged under Article 25(1)(a) of Regulation (EC) No 810/2009 (CCV) to issue a short-term visa for humanitarian purposes as the applicants planned to stay for...

Looking like a cat, walking like a cat, sounding like a cat but actually being a dog: What the X and X judgment means for the scope of the EU Charter?

Date: 
Wednesday, April 5, 2017

An easy way out: the Court’s judgment in X and X

Saying that the X and X judgment was awaited with bated breath is an understatement. The referral of X and X’s case gave a window of opportunity to the Grand Chamber of the Court of Justice of the European Union (‘CJEU’) to rule on whether EU law obliges States to provide a limited territorial visa (‘LTV’) on humanitarian grounds for those who risk treatment contrary to the...

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