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  • German coalition: Memorandum on Dublin system

    Date: 
    Friday, October 4, 2013

    A German coalition composed of seven organisations (Pro Asyl, Diakonie, the Paritärische Welfare Association, AWO, the Jesuit Refugee Service, the German Bar Association and the Neue Richtervereinigung) has issued a memorandum criticising the Dublin system for the allocation of responsibility for the examination of asylum claims in the EU. The memorandum argues that the current system overburdens states at the external borders at the EU and, as a result of this, forces asylum seekers into destitution and loss of their rights.

  • CJEU Judgment in Case 529/11, Alarpe and Tijani, 8 May 2013

    Date: 
    Friday, October 4, 2013

    (Freedom of movement of persons - Regulation (EEC) No 1612/68 - Article 12 - Divorced spouse of a national of a Member State who has worked in another Member State - Adult child pursuing his studies in the host Member State - Right of residence of parent who is national of a non-Member State - Directive 2004/38/EC - Articles 16 to 18 - Right of permanent residence of family members of a Union citizen who are not nationals of a Member State - Legal residence - Residence based on Article 12 above)

  • Hungary: Guidance from the Supreme Court on the interpretation of the concept of "safe third country"

    Date: 
    Friday, October 4, 2013

    Last December, the Hungarian Supreme Court issued its opinion on the concept of "safe third country". This opinion is of relevance as it shall guide the application of this concept by Hungarian judges and thus promote a harmonised practice in asylum cases. The reason for issuing this opinion was precisely the divergence in the criteria applied by Hungarian courts when reviewing administrative decisions.

  • European Ombudsman: the European Commission grants access to documents on UK opt-out from the Charter of Fundamental Rights after a decision of the Ombudsman

    Date: 
    Friday, October 4, 2013

    The European Commission has agreed to release five documents that the European Citizen Action Service (ECAS) had requested concerning the UK opt-out from the Charter of Fundamental Rights. The Commission had initially refused to release them referring to the need to protect the legal advice it receives and its internal decision-making process.

  • Belgian Conseil d'Etat refers to the CJEU for a preliminary ruling in Diakite Case C-285/12

    Date: 
    Friday, October 4, 2013

    The reference pertains to the interpretation of Article 15(c) of Directive 2004/83/EC and the clarification of the definition of "internal armed conflict". The Court essentially asks whether the definition of armed conflict under Article 15(c) should be linked to international humanitarian law or whether it should be interpreted autonomously. In the latter case, the Conseil d'Etat also asks what should be the criteria for such an autonomous interpretation.

  • UNHCR: Guidelines on Statelessness No. 3: The Status of Stateless Persons at the National Level

    Date: 
    Friday, October 4, 2013

    UNHCR published on 17/07/2012 their Guidelines on Statelessness No.3: The Status of Stateless Persons at the National Level. These Guidelines are intended to provide interpretative legal guidance for governments, NGOs, legal practitioners, decision-makers and the judiciary, as well as for UNHCR staff and other UN agencies involved in addressing statelessness.

  • European Commission: Towards a Comprehensive EU Approach to the Syrian Crisis

    Date: 
    Friday, October 4, 2013

    The Commission issued a joint communication to the EP, Council, European Economic and Social Committee and the Committee of the Regions proposing a comprehensive approach in response to the Syrian conflict. The Commission calls on Member States to comply with UNHCR’s request that places be made available for the humanitarian admission of 10,000 Syrian refugees from countries in the Middle East and North Africa and the resettlement of an additional 2,000 Syrian nationals.

  • Committee of Ministers: Supervision of the execution of judgments of the ECtHR

    Date: 
    Friday, October 4, 2013

    Last week the Committee of Ministers held its first Human Rights meeting in 2013, during which it supervised the execution of some asylum-related and other judgments of interest:

  • European Parliament: plenary session adopts amendments to EU visa rules to introduce a new 'last resort' visa waiver suspension mechanism

    Date: 
    Friday, October 4, 2013

    The new mechanism will enable a six month suspension of visa free travel for citizens of specified third countries. Two objectives of the mechanism are identified. (1) To encourage 'visa reciprocity', by reimposing visa requirements for nationals of countries that still impose them on EU citizens (e.g. the USA, which still imposes visa requirements on citizens from Bulgaria, Cyprus, Romania and Poland). (2) To 'halt substantial and sudden increases in irregular migrant numbers or unfounded asylum requests' from third countries ordinarily benefiting from the visa waiver.

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