The ECtHR’s Ilias and Ahmed v. Hungary and Why It Matters
"While the Ilias and Ahmed v. Hungary judgment doesn’t break any new ground with respect to the Court’s reading of the law, it is probably one of the Court’s more important recent cases in light of its broader implications, political as well as legal. First of all, the Court’s analysis of the new situation in Hungary following the legislative amendments of 2015 effectively calls into question the legality of Dublin returns to that country along the lines of M.S.S. v. Belgium and Greece (in case anyone was really still wondering if it was alright to send asylum-seekers back to Hungary). Furthermore, by analysing the conditions and asylum system of Serbia and determining the existence of a real risk of violations of Art. 3 in case of forced return there (particularly with respect to the possibility of chain refoulement), the Court actually sent a very clear message to the Serbian authorities themselves, giving local civil society a new resource to draw upon when confronting state of...