Journal

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 Use of Country of Origin Information by the European Court of Human Rights in the Assessment of a Real Risk of a Violation of the Prohibition of Torture, Inhuman and Degrading Treatment

Date: 
Tuesday, November 22, 2016
  1. 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...

Developments in the assessment of the “reasonableness test” within the Internal Protection Alternative concept in Slovenia

Date: 
Wednesday, October 26, 2016

I.                   Introduction

As a concept, the Internal Protection Alternative (IPA) provides that the asylum authority may refuse a well-founded application for international protection, if the applicant can move to another part of their country and thereby avoid fear of persecution or serious harm, if certain conditions are met. It is part of the assessment of facts, based on the subsidiarity of international protection, i.e. another state is obliged to provide international protection...

The CJEU and its interaction with international law in the Qualification Directive: a calculated selectivity?

Date: 
Thursday, February 12, 2015

Introduction

The Court of Justice of the European Union (CJEU) is playing an ever important role in the development of European asylum law. The CJEU’s jurisdiction to rule in preliminary references as well as direct actions has a substantial impact on the definitional and interpretative guidance of EU asylum legislation. Indeed, the Court’s pronouncements are all the more instrumental given that both EU primary and secondary law make explicit reference to international treaties and human rights law. Given that EU asylum policy must be in accordance with...

Tarakhel v. Switzerland: Where does the Dublin system stand now?

Date: 
Thursday, December 4, 2014

This article is to be read in conjunction with the EDAL case summary

Introduction

On the 4th November the Grand Chamber provided its much anticipated judgment in Tarakhel v. Switzerland (no. 29217/12). The Court’s judgment, concerning the proposed return of a family to Italy under the Dublin Regulation, had been awaited with bated breath given a divide between domestic and European jurisprudence on whether return to Italy...