Journal

A.E.A v. Greece: an iteration of asylum seekers’ procedural rights but a watering down of their reception rights?

Date: 
Thursday, April 19, 2018

Introduction

The Court’s judgment in A.E.A. v. Greece serves as a welcome and timely reminder that it is axiomatic that the substantive and procedural effectiveness of Article 3 and 13 ECHR within the domain of asylum matters relies on a State making available effective asylum procedures for those wishing to apply for asylum. Several...

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...

Protection of Victims of Human Trafficking and the ECtHR’s inadmissibility decision in G.J. v. Spain

Date: 
Wednesday, September 7, 2016

The case law under Article 4 of the ECHR which enshrines the right not to be held in slavery, servitude and forced labour, is scarce. This is more than surprising against the backdrop of ample empirical evidence showing that migrants, including sex workers, are subjected to severe forms of exploitation in Europe (see, for example, the report by the EU Fundamental Rights Agency published in 2015 Severe...

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...

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)...