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Journal
Date:
Tuesday, November 22, 2016
- Introduction
The European Court of Human Rights’ (ECtHR) case law is binding on the countries concerned and has led governments to alter their legislation and administrative practice in a wide range of areas. The ECtHR’s case law on Article 3 ECHR (prohibition on torture) has likewise influenced national asylum policies and practices. For example, the conclusions in the case of Sufi and Elmi, classified by the ECtHR as highly important (level 1), have made their way into national...
In the framework of the Common European Asylum System, one core guiding principle states that “similar cases should be treated alike and result in the same outcome”[1]. The practice of EU member states still has a considerable distance to travel and the efforts are focusing at the moment on identifying and creating functioning mechanisms to harmonise the practices of 28 asylum systems.
The issues addressed are numerous and the asylum “package” of directives and regulations aims to encompass the standards that Member States...
