Journal

The Case of the Administrative Arrangement between Greece and Germany: A tale of “paraDublin activity”?

Date: 
Monday, November 5, 2018

In mid-August 2018 Germany, Greece and Spain agreed on the sketchy details of the initial migration compromise deal that was reached on the sidelines of the EU Summit in Brussels late June 2018. In this context, the Ministers on Migration of Germany and Greece reaffirmed their commitment by exchange of letters, to work towards common European solutions and to avoid any unilateral measure with respect to migration and...

'Second time’s a charm’ – the CJEU’s interpretation of the irregular border crossing criterion in the Dublin Regulation in A.S. and Jafari

Date: 
Tuesday, February 13, 2018

Introduction

On 26 July 2017, the Court of Justice of the European Union (CJEU) decided on the request for a preliminary ruling by a Slovenian (C-490/16) and an Austrian Court (C-646/16) and held that the responsibility criteria under the Dublin III Regulation (EU/604/2013) also applied during the so-called “migration crisis” of 2015/2016. According to the Grand...

Legal basis and solidarity of provisional measures in Slovakia and Hungary v Council

Date: 
Monday, December 4, 2017

Introduction

On 6 September 2017, the Court of Justice of the European Union (CJEU) handed down the judgment in an action brought by two EU Member States, Slovakia and Hungary, supported by Poland, against Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international...

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 [...

Applying the Dublin Regulation to the family reunification of unaccompanied children in the absence of official asylum claims

Date: 
Friday, August 11, 2017

1.      Introduction

In recent years, thousands of children in need of international protection have traversed the Mediterranean and entered Europe unauthorised and unaccompanied by a parent or responsible adult. Many enter in the hope of reuniting with family members already residing in Europe, seeking both family reunification and international protection under the...

The ZAT case and the far-reaching consequences for the Dublin Regulation

Date: 
Thursday, February 9, 2017

1.  Introduction

The ZAT case was a judicial review before the UK Upper Tribunal. The outcome of the first instance judicial review suggested that the operation of the Dublin Regulation was inadequate to provide the necessary protection the applicants needed...

Mirza and the application of the Safe Third Country concept under the Dublin Regulation: a foreboding of things to come?

Date: 
Wednesday, October 12, 2016

Introduction

The judgment by the Court of Justice of the European Union (CJEU) in Mirza is a tightly constructed decision in response to a series of highly circumscribed questions posed by the Debrecen Administrative and Labour Court in Hungary. Given the very precise answers one may doubt the judgment’s utility, especially since the Court’s decision is completely detached from the context of the...

Pages