Journal

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...

The right to an oral hearing in Austrian asylum appeal procedures in the light of Article 47(2) of the Charter of Fundamental Rights of the European Union

Date: 
Friday, January 16, 2015

Introduction

In Austria, an oral hearing needs to be formally requested both in asylum appeal procedures and administrative procedures in general. Notwithstanding that a request may be lodged, the competent Federal Administrative Court (Bundesverwaltungsgericht) may dispense with an oral hearing under Section 21 Para. 7 Federal Office Procedure Act (BFA-...

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...

Diakité: The CJEU interprets the concept of ‘internal armed conflict’ for the purpose of granting subsidiary protection under EU law

Date: 
Saturday, March 22, 2014

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

Introduction

On 30 January 2014, the Court of Justice of the European Union (“CJEU”) issued a preliminary reference ruling in case C-285/12 Diakité concerning the...

The Court of Justice of the European Union and Palestinian refugees – Case C-364/11, El Kott

Date: 
Friday, February 21, 2014

This article should be read in conjunction with the EDAL case summary, please click here.

In December 2012 the Court of Justice of the European Union (CJEU) reached a decision in an, at first sight, individual case concerning three stateless men of Palestinian origin, which could positively settle the legal position of tens of thousands Palestinian refugees arriving in Europe.

As regards their personal stories, Mr. El Kott lived in the...

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...