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When the Presumption of Compliance Results in Outsourcing of Responsibility: Protecting the Fundamental Rights of Europe’s Asylum Seekers

Amy Dunne, LLB (Trinity College Dublin), Master of Law, KU Leuven (cum laude), PhD candidate Leiden Universiteit and Knowledge Management, Freshfields Bruckhaus Deringer LLP, Brussels 

This submission discusses the limits of the presumption of compliance as encapsulated by the sovereignty clause, Article 3(2), of Regulation (EC) No 604/2013 (Dublin III Regulation) through analysing the evolutions set out in the ECtHR case Tarakhel v Switzerland. It is argued herein that the presumption of compliance has diminished the collective responsibility of Member States for Europe’s asylum seekers – with northern States relying on the presumption to outsource their collective responsibility to southern States, without due regard for fundamental rights concerns, in a manner contrary to the spirit of the Dublin Regulation. Continue reading “When the Presumption of Compliance Results in Outsourcing of Responsibility: Protecting the Fundamental Rights of Europe’s Asylum Seekers”

Article

EU responsibility law and international responsibility law for human rights violations after the accession of the EU to the European Convention on Human Rights: the remaining questions

Daniela Cardoso
LL.M Law in a European and Global Context, Católica Global School of Law

Considering the major feature that underpins the European project – the creation and consolidation of the internal market – the European Union (hereafter EU) is not truly a human rights organisation. Indeed, it may be designated as a regional economic integration organization (REIOs).[1] Nonetheless, respect for human rights is a condition of the lawfulness of Community acts.[2] In fact, the need to give a more consistent protection to human rights is firmly rooted in the Draft Agreement on the Accession of the EU to the ECHR, adopted in July 2011.[3]

With the accession of the European Union (EU) to the European Convention on Human Rights (ECHR), the allocation of responsibility between Member States and the EU embraces new challenges, partly motivated by the existing contradictions between the international framework on responsibility for human rights violations and the special EU law of responsibility.

Continue reading “EU responsibility law and international responsibility law for human rights violations after the accession of the EU to the European Convention on Human Rights: the remaining questions”