News

  • ECtHR: Factsheet on expulsions and extraditions updated

    Date: 
    10/04/2013

    The Court's factsheet on expulsions and extraditions has been updated in April 2013. It summarises cases of the Court where expulsions and extraditions of foreigners raised issues under Article 3 of the Convention owing to risk of ill-treatment by the state or by third parties, possible damages to the health of the applicant, or membership to political resistance or stigmatised minorities. Dublin transfers are also covered, as well as detention and detention conditions awaiting deportation and possible violations of the right to private life.

  • France: new case law on female genital mutilation

    Date: 
    10/04/2013

    The French Conseil d'État adjudicated in December 2012 on three cases concerning female genital mutilation (FGM) and overruled the jurisprudence of the Cour nationale du droit d'asile. The Conseil d'État has decided that girls born in France threatened with FGM can constitute, under certain circumstances, a social group in the sense of the Geneva Convention relating to the Status of Refugees and can therefore be granted asylum.

  • ILGA publishes its 2012 map on Lesbian and Gay Rights in the world

    Date: 
    10/04/2013

    Every year, the International Lesbian, Gay, Bisexual, Trans and Intersex Association produces maps on Gay and Lesbian Rights in the world as well as its state sponsored Homophobia Report. ILGA has recently published the 2012 version of its map on Lesbian and Gay rights in the world. As with most of the material, the map is available in English, Spanish, Portuguese and French but this year the map is also available in Chinese, Hindi and German.

  • The Meijers Committee publishes Note on the EURODAC proposal (COM(2012) 254)

    Date: 
    10/04/2013

    The Meijers Committee published on 10 October 2012 a note on the amended proposal for a Regulation on the establishment of Eurodac. The new draft provides for the possibility to request comparison with Eurodac data by Member States law enforcement authorities and Europol. This was also proposed in 2009 but lapsed as a consequence of the Treaty of Lisbon.

  • Jesuit Refugee Service Europe: Report on the Dublin system

    Date: 
    10/04/2013

    The Jesuit Refugee Service released this week a report on the functioning and shortcomings of the Dublin system. The report is based on interviews of asylum seekers who have been removed several times owing to the Dublin Regulation and reveals that the rigidity of the EU rules and in their application results in obstacles in the search and obtaining of international protection in the European Union.

  • German coalition: Memorandum on Dublin system

    Date: 
    10/04/2013

    A German coalition composed of seven organisations (Pro Asyl, Diakonie, the Paritärische Welfare Association, AWO, the Jesuit Refugee Service, the German Bar Association and the Neue Richtervereinigung) has issued a memorandum criticising the Dublin system for the allocation of responsibility for the examination of asylum claims in the EU. The memorandum argues that the current system overburdens states at the external borders at the EU and, as a result of this, forces asylum seekers into destitution and loss of their rights.

  • CJEU Judgment in Case 529/11, Alarpe and Tijani, 8 May 2013

    Date: 
    10/04/2013

    (Freedom of movement of persons - Regulation (EEC) No 1612/68 - Article 12 - Divorced spouse of a national of a Member State who has worked in another Member State - Adult child pursuing his studies in the host Member State - Right of residence of parent who is national of a non-Member State - Directive 2004/38/EC - Articles 16 to 18 - Right of permanent residence of family members of a Union citizen who are not nationals of a Member State - Legal residence - Residence based on Article 12 above)

  • Hungary: Guidance from the Supreme Court on the interpretation of the concept of "safe third country"

    Date: 
    10/04/2013

    Last December, the Hungarian Supreme Court issued its opinion on the concept of "safe third country". This opinion is of relevance as it shall guide the application of this concept by Hungarian judges and thus promote a harmonised practice in asylum cases. The reason for issuing this opinion was precisely the divergence in the criteria applied by Hungarian courts when reviewing administrative decisions.

  • European Ombudsman: the European Commission grants access to documents on UK opt-out from the Charter of Fundamental Rights after a decision of the Ombudsman

    Date: 
    10/04/2013

    The European Commission has agreed to release five documents that the European Citizen Action Service (ECAS) had requested concerning the UK opt-out from the Charter of Fundamental Rights. The Commission had initially refused to release them referring to the need to protect the legal advice it receives and its internal decision-making process.

  • Belgian Conseil d'Etat refers to the CJEU for a preliminary ruling in Diakite Case C-285/12

    Date: 
    10/04/2013

    The reference pertains to the interpretation of Article 15(c) of Directive 2004/83/EC and the clarification of the definition of "internal armed conflict". The Court essentially asks whether the definition of armed conflict under Article 15(c) should be linked to international humanitarian law or whether it should be interpreted autonomously. In the latter case, the Conseil d'Etat also asks what should be the criteria for such an autonomous interpretation.

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