Tarakhel v Switzerland: Another nail in the coffin of the Dublin system?
Steve Peers Introduction Despite the EU’s purported adherence to high standards of human rights protection, the EU’s Dublin system, which allocates responsibility for each asylum-seeker’s application to a single Member State, has repeatedly run foul of human rights standards. Yesterday’s judgment of the European Court of Human Rights (‘ECtHR’, or ‘Strasbourg Court’) in Tarakhel v Switzerland , and the recent judgment of the same court in Sharifi v Italy and Greece , have further confirmed the problems in making this system compatible with ECHR obligations. In fact, the Tarakhel judgment goes further than the prior judgments, which had merely exposed the lack of sufficient human rights protection in the EU legislation, as applied by Member States. Rather, it is now clear that the approach of the Court of Justice of the European Union (CJEU) in interpreting the Dublin rules is also incompatible with the ECHR. Continue here: http://eulawanalysis.blogspot...