Articles for tag: Dublin III-Verordnung, Dublin transfer, family reunification, Flüchtlingsschutz

Law must be enforceable

The Court of Justice of the European Union ruled on 01.08.2022 that administrative decisions refusing family reunification must be open to judicial review with a legal remedy. The decision had been long awaited. The underlying article only provided for a legal remedy “against”, not “for” a transfer decision. The CJEU clearly rejects this view and emphasizes that administrative decisions must generally be subject to judicial review, which is a hindrance to the EU Commission's plans to significantly reduce the number of legal remedies in the revised EU legislation.

10. August 2022

, , ,

The CJEU (Unintentionally) Opens New Avenues of “Free Choice” in Asylum Law

With the CJEU judgment H & R of 2 April 2019, the never-ending story of clarifying the preconditions for Dublin transfers took a turn that will again entail needs for clarification. The CJEU’s interpretation was essentially motivated by the aim to keep, or render, the Dublin system efficient and to lessen the time and effort involved in handling secondary migrations. Was it successful?

15. April 2019

, ,