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De la délicate interprétation du Système Dublin

Insight

Abstract: The Jafari case ruled in July 2017 (Court of Justice, judgment of 26 July 2017, case C-646/16, Jafari [GC]) gives the CJEU the opportunity to come back on the summer 2015 migration crisis. The difficult articulation between Dublin III Regulation and other relevant legal instruments in such a particular context...

Humanitarian Visas and EU Law: Do States Have Limits to Their Discretionary Power to Issue Humanitarian Visas?

Insight

Abstract: In a context of serious humanitarian and human security concerns raised by large-scale forced migration arriving at the borders of European countries from the Middle East and Africa, the Court of Justice of the European Union has restrictively interpreted the rules on visas with limited territorial validity included in the Community Code...

The Dublin III System: More Derogations to the Duty to Transfer Individual Asylum Seekers?

Insight

Abstract: In the C.K. et al. v. Republika Slovenija ruling (judgment of 16 February 2017, case C-578/16 PPU), the Court of Justice ruled that the transfer of the asylum seeker should be suspended if the particular medical condition of the applicant is so serious as to provide substantial grounds for believing that the transfer would result...

La sentenza X. e X. della Corte di giustizia sul rilascio del visto umanitario: analisi critica di un’occasione persa

Insight

Abstract: This Insight deals with the decision of the Court of Justice, X and X v. État belge (judgment of 7 March 2017, case C-638/16 PPU [GC]), concerning the interpretation of Art. 25 of Regulation (EC) 810/2009 (the Visa Code). The Court found that the facts of the case fall outside the scope of the Visa Code and of the EU law...

The EU-Turkey Statement, the Treaty-Making Process and Competent Organs. Is the Statement an International Agreement?

Insight

Abstract: The EU-Turkey Statement has undergone multiple analyses regarding issues of human rights and refugee law. One of the most controversial matters among scholars is its nature as an international agreement. This insight will analyse the legal nature of this statement, on the basis of the international law of treaties, the law of international...

Denialism as the Supreme Expression of Realism – A Quick Comment on NF v. European Council

Insight

Abstract: By Order of 28 February 2017 in case T-192/16, NF v. European Council, the General Court dismissed as inadmissible an action for annulment brought against the s.c. EU-Turkey deal concluded on 18 March 2016. In the view of the General Court, independently of its binding nature, the deal is to be attributed to the Member States and...

Du vin vieux dans de nouvelles outres? Réflexions sur la proposition de règlement “Dublin IV”

Insight

Abstract: The forced migration upsurge in 2015 prompted the recast of the Common European Asylum System (CEAS), intended to bring “more Europe” into the integrated management of the Area of Freedom, Security and Justice. This achievement is deemed to be fundamental by EU institutions, in order to cope with emerging centrifugal forces and to ensure...

EU-Turkey Deal: Violation of, or Consistency with, International Law?

Insight

Abstract: This article examines whether the European Union-Turkey deal violates or adheres to international law. In particular, the article examines Turkey as a “safe third country” and seeing whether Turkey complies with the principle of non-refoulement. The article argues that the EU-Turkey deal violates international law in a number of...

The EU-Turkey Agreement: A Controversial Attempt at Patching up a Major Problem

Insight

Abstract: On 18 March 2016 the European Union and Turkey reached an agreement aimed at solving the issue of the high numbers of migrants crossing the Mediterranean Sea from Turkey to Greece. This agreement intended to close the people-smuggling routes and reduce the number of migrants entering the EU. It focused principally on the following issues:...

The Regulation on the Provision of Emergency Support Within the Union: Humanitarian Assistance and Financial Solidarity in the Refugee Crisis

Insight

Abstract: Regulation 2016/369 establishes an emergency support mechanism for the provision of humanitarian aid in response to natural or man-made disasters giving rise to severe wide-ranging humanitarian consequences within the European Union. Although its scope of application is much broader, the Regulation has been adopted as an emergency...

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