We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
The Dublin Regulation and Mutual Trust: Judicial Coherence in EU Asylum Law?
- Authors
Battjes, Hemme; Brouwer, Evelien
- Abstract
In 2011, the ECrtHR and the CJEU put an end to blind trust as basis for the 'Dublin mechanism' including criteria to determine the responsible Member State for an asylum application. In this contribution, we question whether these decisions, also taking into account the Opinion 2/13 of the CJEU on the accession of the EU to the ECHR, provide clear guidelines for national courts with regard to the rebuttal of proof when fundamental rights are at stake. An analysis of decisions of the highest administrative courts of five countries establish that generally these courts allow rebuttal of trust assessing transfer decisions and that with regard to the burden of proof of 'vulnerable persons', they apply stricter rules to the state. The differentiated approach with regard to the content of the burden of proof and the obligations for asylum seekers to provide information on 'systemic deficiencies' in the other Member State remains however problematic.
- Subjects
EUROPEAN Union; COURT of Justice of the European Union; IMMIGRATION courts; EUROPEAN Convention on Human Rights; DECISION making
- Publication
Review of European Administrative Law, 2015, Vol 8, Issue 2, p183
- ISSN
1874-7981
- Publication type
Article
- DOI
10.7590/187479815X14465419060505