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The European Court of Human Rights issued on 13 February an interim measure enjoining the return of a Somali family of asylum seekers from Germany to Italy. The family had first arrived in Italy and moved to Germany some months afterwards. The removal had been allowed by German courts, but the case was referred to the ECtHR, which has given the German Government until 6 March to provide information on the guarantees that it can obtain from the Italian Government to assure that the applicants will receive a sufficient level of protection in view of their particular family situation.

The Committee on the Rights of the Child, established under the UN Convention on the Rights of the Child, has released its General Comment on Article 3(1) of the Convention, which establishes the right of the child to have his or her best interest taken as a primary consideration. The comment seeks to ensure the application of and respect for the best interests of the child by states parties to the Convention. It defines the requirements for due consideration in actions concerning the child and in the adoption of legislation and other general measures concerning children.

The applicant, Mr. Abdi, is a Somali national who applied for asylum in the United Kingdom and is currently detained in a British prison. In 1998 he was sentenced to imprisonment. In 2003 his release became automatic, but he remained in detention as a result of a deportation order issued in 2002 and a subsequent authority for detention. In April 2004, the Home Department authorised his detention until deportation. However, deportation was not possible for the British authorities until July 2006. His detention during this period was declared lawful by British Courts. Mr.

The overview by Steve Peers provides information on the second-phase of the CEAS and the state-of-play with regards to its five main legislative measures.

It also mentions that some connected legislation has already been adopted: an amendment to the EU refugee fund regarding resettlement (adopted spring 2012); an extension to the EU’s legislation on long-term residents to cover refugees and persons with subsidiary protection (adopted spring 2011); and legislation establishing a European Asylum Support Office (adopted early 2010).