, 1 February 2012 |
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412F01 |
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12:30-14:30
Law Societies‘ Joint Brussels Office
5th floor, avenue des Nerviens 85
1040 Brussels
Under the Dublin Regulation (343/2003/EC), asylum applicants must, in principle, be dealt with by the country by which they first entered the EU, leading to increased migratory pressure on Member States with an external Schengen land border.
In January 2010, the European Court of Human Rights held in MSS v. Belgium & Greece that asylum seekers’ rights under the Convention would be violated should those persons be transferred to Greece under the Dublin system, given the substandard quality of the asylum facilities there.
In its judgment on NS v. SSHD, released on 21 December 2011, the European Court of Justice has revisited this issue. Considering both the Dublin Regulation and the Charter of Fundamental Rights of the EU (CFR), it confirmed the existence of a rebuttable rather than a conclusive presumption of compliance of the receiving Member State with fundamental rights. Thus, transfers cannot be permitted where they would amount to a breach of Art. 4 CFR.
Maria Hennessy, Senior Legal Officer, ECRE, Brussels
Samantha Hill, JHA Attache, Permanent Representation of the United Kingdom to the EU, Brussels
Matthew Holt, Treasury Solicitor, London
Flip Schüller, Partner, Böhler Advocaten, Amsterdam