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  • Committee of Ministers adopts Protocol No. 16 to the ECHR

    Date: 
    Friday, October 4, 2013

    The Committee of Ministers has adopted Protocol No. 16 to the European Convention on Human Rights. The protocol provides for States’ highest courts to obtain opinions on questions of principle regarding the interpretation and/or application of rights and freedom defined in the Convention and its protocols. The goal of the new protocol is to resolve these questions before they reach Strasbourg, saving Court resources and enabling speedier resolution of cases at the national level. The protocol will enter into force once 10 parties to the Convention have ratified it.

  • ECtHR decision in Djalti v. Bulgaria (No. 31206/05) [Articles 3 and 5 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is an Algerian national who lives in Sofia. He entered Bulgaria illegally in January 2004 and presented an asylum claim, which was rejected by the asylum authority and by an administrative court. After his temporary residence permit as asylum seeker had expired, his removal was ordered. However, as he did not have any valid travel documents and lacked the means to return to his country of origin, he was placed in a temporary detention centre. He refused to meet representatives of the Algerian Embassy because he feared reprisals.

  • Official translated version of the reference for a preliminary ruling in case C-338/13, Marhan Noorzia v Bundesministerin für Inneres

    Date: 
    Friday, October 4, 2013

    The official version of a reference by Verwaltungsgerichtshof (Austria) lodged on 20th June 2013 has been published as follows:

    Is Article 4(5) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification 1 to be interpreted as precluding a provision under which spouses and registered partners must already have reached the age of 21 years at the time at which the application is submitted in order to be considered to be entitled to join other family members?

  • Council of the European Union: COREPER agreement on Asylum and Migration Fund.

    Date: 
    Friday, October 4, 2013

    On 19 December COREPER reached a partial general approach on the draft Regulation establishing the Asylum and Migration Fund. This will constitute the basis for the upcoming negotiations with the European Parliament in the context of the ordinary legislative procedure.

    The text of the agreement can be read here.

  • Council of the European Union: Justice and Home Affairs Council - Smart Borders Package

    Date: 
    Friday, October 4, 2013

    During its meeting on 7 and 8 March, the Justice and Home Affairs Council heard a presentation by the European Commission on the Smart Borders Package, which the Commission had tabled last week. It was also updated on the state of play of the asylum procedures directive and the Eurodac regulation. Issues that remain to be solved in relation to these two legislative proposals concern special procedures for unaccompanied minors and victims of torture and access to Eurodac data by law enforcement authorities.

  • CJEU: Reference for a Preliminary Ruling: Case C-201/12, 27/04/2012, Z v Minister voor Immigratie en Asiel

    Date: 
    Friday, October 4, 2013

    Referring court: Raad van State
    Parties to the main proceedings:
    Appellant: Z
    Respondent: Minister voor Immigratie en Asiel
    Questions referred:

  • Italy: La Corte Suprema di Cassazione: Sesta Sezione Civile: Case 11586/12, 18/04/2012

    Date: 
    Friday, October 4, 2013

    The Corte Suprema di Cassazione (second grade of appeal only on matters of law) ruled against a decision of the Court of Appeal that overturned the decision of the first instance court (Tribunale) which granted humanitarian protection status to a Tunisian national on grounds of the persecution he would have suffered being gay and Christian (he did not get asylum or subsidiary protection due to his criminal activities).

  • Eurostat: Asylum Decisions in the EU 27

    Date: 
    Friday, October 4, 2013

    Eurostat published statistics on asylum decisions by the EU Member States in 2012. The data shows Member States granted protection to more than 100,000 asylum seekers. The highest numbers of grants of protection came from Germany (22,000), Sweden (15,300), the UK (14,600) and France (14,300). Citizens of Syria constituted the largest group of beneficiaries (18%), followed by Afghanistan (13%) and Somalia (8%).  A total of 407,300 decisions were made: 274,500 were first instance decisions and 132,800 were appeals.

  • CJEU: Opinion of Advocate General Mengozzi in the case C-86/12 Alopka and Others v Ministre du Travail, de l'Emploi et de l'Immigration

    Date: 
    Friday, October 4, 2013

    The applicant in the main proceedings is a Togolese national whose asylum application was rejected in Luxembourg. She was granted tolerated status after the birth of her twin children. They were granted French citizenship shortly afterwards as their father was a French citizen. Ms. Alopka and her children remained in Luxembourg living in a shelter for families without resources. Later on, she applied for residence. Her application was rejected and she was ordered to leave the country. In the course of appeals proceedings, she also presented an employment offer she got.

  • ECtHR: Factsheet on expulsions and extraditions updated

    Date: 
    Friday, October 4, 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.

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