Journal

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 [...

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 ...

The End of the Right to Asylum in Hungary?

Date: 
Wednesday, May 3, 2017

1. Introduction

On 28th March 2017, the Hungarian Act “On the amendment of certain acts related to increasing the strictness of procedures carried out in the areas of border management” entered into force, amending five pieces of domestic legislation: the Act on Asylum, the Act on the Admission and Right of Residence of Third-Country Nationals, the Act on State Border, the Act on Minor Offences and the Act on Child Protection and Guardianship Management. The newly past law requires that all asylum-seekers must submit their application in the transit zones...

The ECtHR Ruling in Ilias and Ahmed: ‘safe third country’ concept put to the test

Date: 
Thursday, April 13, 2017

On 14 March 2017 the Fourth Section of the European Court of Human Rights (ECtHR) delivered its judgement in the case of Ilias and Ahmed v. Hungary concerning two asylum seekers of Bangladeshi nationality who were detained at the border zone in Hungary and then subject to removal to Serbia. Although the judgement is not final yet (as Hungary could...

The detention of asylum seeking children in Hungary: Dire tendencies in upholding the basic rights of children

Date: 
Wednesday, March 8, 2017

Since 2015, the term ‘refugee crisis’ has been widely used to describe the phenomenon of a relatively large number of people seeking protection in the EU. When observing the worrying human rights violations and the detention of asylum seekers, especially children in Hungary, one might ask, however: is it not the rule of law which is in crisis?

This blog will examine the legal framework of the detention of asylum seeking children and the procedural flaws the Hungarian asylum system is struggling with. It will discuss whether the current system is in line with the relevant...

What more can be done? – lost hope in improving judicial review of asylum detention in Hungary

Date: 
Wednesday, March 1, 2017

Introduction

In Hungary judicial review of the administrative decision imposing detention on an asylum seeker is conducted by first instance local criminal courts. First the court performs the review within 72h after detention was ordered by the Immigration and Asylum Office (IAO). The court undertakes further reviews every 60 days. The court hearing is mandatory only at the first judicial review. Asylum seekers have a right to an ex officio appointed lawyer. Today, more asylum seekers are held in asylum detention than in open reception centres (a practice which was...

Detention of vulnerable persons in international protection proceedings in Poland

Date: 
Thursday, December 8, 2016

Introduction

This blog aims to demonstrate that the system of self-identification of vulnerable persons in the international protection proceedings, applicable in Poland prior to the transposition of the recast Procedure and Reception Directives, can give rise to breaches of Article 5 of the ECHR. It also examines the possible impact of the post-transposition legal framework in Poland on detention practices for those who are vulnerable.

System of (self-) identification of vulnerable persons

Before the transposition of...

Detention of asylum-seekers under the scope of Article 5(1)(f) of ECHR - some thoughts based on recent ECHR and CJEU jurisprudence

Date: 
Wednesday, September 14, 2016

Introduction

The deprivation of liberty is only authorised under the ECHR if it pursues a specific objective defined in subparagraphs (a)-(f) of Article 5(1). Detention of irregular migrants, as well as asylum seekers usually falls under subparagraph (f), which has two limbs: to prevent unauthorised entry or when action is being taken with the view to deportation. Under EU law Article 8(3) of the

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