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3 - Establishing Responsibility?

from Part I

Published online by Cambridge University Press:  03 May 2019

Moritz Baumgärtel
Affiliation:
Universiteit Utrecht, The Netherlands
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Summary

This chapter deals with some of the most acclaimed judgments of the European courts as it evaluates three cases that are concerned with the controversial returns of asylum seekers under the EU’s Dublin Regulation, whose main features will shortly be introduced. As will become clear in the detailed analysis of M.S.S., the ECtHR engaged in active law development by challenging the presumption that such transfers are per se in accordance with human rights standards. However, other rulings including notably the CJEU’s decision in N.S. and M.E. undermined this progress temporarily, requiring the ECtHR to reaffirm its stance once again in Tarakhel. While all three cases display a high degree of strategic orientation, their systemic impact of these judgments has been relatively limited to a moratorium regarding transfers to Greece. The evaluation of case-specific effectiveness in this area relates mostly to specific cases or to instances with similar sets of facts and is achieved either through the executive or the domestic judiciary rather than through legislative amendments.
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Chapter
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Demanding Rights
Europe's Supranational Courts and the Dilemma of Migrant Vulnerability
, pp. 46 - 80
Publisher: Cambridge University Press
Print publication year: 2019

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