Journal

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 [...

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 ...

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