Journal

Mohammadi v. Austria - the issue of asylum detention in Hungary

Date: 
Wednesday, October 1, 2014

This article is to be read in conjunction with the EDAL Case Summary 

Introduction

In July the European Court of Human Rights examined a case concerning the transfer of an asylum seeker from Austria to Hungary under the Dublin II procedure. The Austrian Asylum Office, the Asylum Court and the Constitutional Court all rejected his asylum request and ordered his transfer to Hungary. Relying in particular on...

The two European Courts on seeking asylum due to religious persecution

Date: 
Wednesday, March 26, 2014

Introduction

The freedom to adopt and manifest a religion or belief is enshrined in Article 9 of the European Convention on Human Rights (ECHR) and Article 10 of the Charter of Fundamental Rights of the European Union (Charter). Freedom of religion is also the subject of General Comment No. 22 of the UN Human Rights Committee, and two declarations of the UN...

Detention in the EU, can the Charter of Fundamental Rights of the EU provide additional safeguards?

Date: 
Friday, January 10, 2014

With the adoption of the new EU asylum acquis, many changes will be made to the Common European Asylum System. Some of the provisions will improve protection standards and safeguards for those who are in need of international protection, nevertheless, it has also brought about some very contentious changes; now for the first time at EU level, EU legislation specifically provides for the detention...

Reduction or withdrawal of material reception conditions: the contribution of the Charter of Fundamental Rights of the EU

Date: 
Friday, January 3, 2014

Introduction

With the adoption of the revised asylum acquis earlier this year, and specifically the recast Reception Conditions Directive (“rRCD”) which needs to be transposed by 21 July 2015, there has been a marked improvement in the reception conditions that Member States need to provide for those seeking international protection. Nevertheless, there are still some obvious shortcomings and most controversially, for the first time at EU...

The Dublin system and the Right to an Effective Remedy– The case of C-394/12 Abdullahi

Date: 
Friday, December 13, 2013

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

Introduction

On 10 December 2013 the Grand Chamber of the Court of Justice of the European Union (CJEU) issued a preliminary reference ruling in case C-394/12 Abdullahi concerning the scope of Dublin appeals in situations where a Member State has agreed to take charge of an applicant for asylum under Art. 10(1)...

The Court of Justice of the European Union delivers judgment in the joined cases of C-199/12, C-200/12 and C-201/12, X, Y and Z v Minister voor Immigratie en Asiel

Date: 
Wednesday, December 11, 2013

This article is to be read in conjunction with the EDAL Case Summary

Introduction

On 7 November 2013, the Court of Justice of the European Union (“CJEU”) handed down a judgment - Joined Cases C-199/12, C-200/12 and C-201/12, X, Y and Z v Minister voor Immigratie en Asiel (“XYZ”) - interpreting the Qualification Directive...