Journal

Mohammadi v. Austria - the issue of asylum detention in Hungary

Date: 
Wednesday, October 1, 2014

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

Introduction

In July the European Court of Human Rights examined a case concerning the transfer of an asylum seeker from Austria to Hungary under the Dublin II procedure. The Austrian Asylum Office, the Asylum Court and the Constitutional Court all rejected his asylum request and ordered his transfer to Hungary. Relying in particular on...

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...

To believe or not to believe? Harmonising EU practices on credibility assessment in asylum claims

Date: 
Friday, February 7, 2014

In the framework of the Common European Asylum System, one core guiding principle states that “similar cases should be treated alike and result in the same outcome”[1]. The practice of EU member states still has a considerable distance to travel and the efforts are focusing at the moment on identifying and creating functioning mechanisms to harmonise the practices of 28 asylum systems.

The issues addressed are numerous and the asylum “package” of directives and regulations aims to encompass the standards that Member States...