Journal

Strategic Litigation as a tool to help the Afghan 1F’ers in the Netherlands

Date: 
Thursday, February 16, 2017

Introduction

One of the strategic litigation cases of the Dutch Public Interest Litigation Project (PILP), a project of the Dutch section of the International Commission of Jurists (NJCM), is about the so-called Afghan 1F’s. This blog aims to highlight the problem of the ‘Afghan 1F’ers’ in the Netherlands and it aims to demonstrate the way in which PILP has built litigation against the state.

Afghan refugees in legal limbo

Article 1F of the...

Exclusion from International Protection for Terrorist Activities under EU Law: from B & D to Lounani

Date: 
Friday, February 3, 2017

Introduction

In this article, I will discuss the evolving interpretation of the exclusion clauses at EU law over the course of time between the judgments of the Court of Justice in Joined Cases C-57/09 and C-101/09, Bundesrepublik Deutschland v. B & D, 9 November 2010 and that in Case C-573/14,...

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 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...