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

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

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

Monday, June 25, 2018


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?

Thursday, April 19, 2018


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

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

Tuesday, February 13, 2018


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...