Journal

The Case of the Administrative Arrangement between Greece and Germany: A tale of “paraDublin activity”?

Date: 
Monday, November 5, 2018

In mid-August 2018 Germany, Greece and Spain agreed on the sketchy details of the initial migration compromise deal that was reached on the sidelines of the EU Summit in Brussels late June 2018. In this context, the Ministers on Migration of Germany and Greece reaffirmed their commitment by exchange of letters, to work towards common European solutions and to avoid any unilateral measure with respect to migration and...

Testing the untestable: The CJEU’s decision in Case C-473/16, F v Bevándorlási és Állampolgársági Hivatal

Date: 
Thursday, June 28, 2018

Seeking refuge from homophobia

Let’s start with people. Because law should be about people, not (just) about abstract notions and fuzzy values. F – a Nigerian man – escaped Nigeria and reached Hungary, where he claimed international protection on the basis of his fear of persecution in his home country on grounds of his homosexuality. The authority dealing with F’s claim – the Hungarian Immigration and Asylum Office – decided that to determine whether F was effectively gay, they needed to commission a...

Responsibility drifting in the sea – Search and rescue operations and the Dublin Regulation

Date: 
Monday, June 25, 2018

Introduction

After a rough week at sea and intense negotiations, Aquarius, a SAR vessel run by SOS Mediteranne and MSF, docked into the port of Valencia on 17 June, as Spain agreed to provide safe heaven to the 629 rescued migrants on board. In a statement issued on 11 June, the Spanish government stated that people had been “abandoned to their fate in the Mediterranean” and that Spain would comply with its international commitments in relation to humanitarian crises. The saga began, last week, when Italy announced the closure of its ports, contesting that Malta should...

A.E.A v. Greece: an iteration of asylum seekers’ procedural rights but a watering down of their reception rights?

Date: 
Thursday, April 19, 2018

Introduction

The Court’s judgment in A.E.A. v. Greece serves as a welcome and timely reminder that it is axiomatic that the substantive and procedural effectiveness of Article 3 and 13 ECHR within the domain of asylum matters relies on a State making available effective asylum procedures for those wishing to apply for asylum. Several...

Non-Refoulement Obligations in EU Third Country Agreements

Date: 
Wednesday, March 28, 2018

I. Introduction

This journal entry argues that EU third country agreements violate non-refoulement obligations as defined under international law based on a number of reasons. First, EU third country agreements violate Article 31(1) of the Convention Relating to the Status of Refugees (Refugee Convention), which protects refugees from being penalised for their illegal presence. Second, when read purposively, violating Article 31(1) would trigger corresponding protection from refoulement, most notably when a violation of Article 31(1) may lead to rejection at the...

'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 [...

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