28 February 2024
The Future of Legal Struggles
The year 2023 was not a good year for the rights of asylum seekers. The decision about a new legal framework for the Common European Asylum System (CEAS) was described as a "historic moment" (Ylva Johansson), but in fact works as a programme of disenfranchisement. If the pursuit of progressive positions are blocked in the political arena, actors shift their strategies to the judicial field. Even before the summer of migration 2015, successful legal struggles had a significant impact on European migration policy. Push-backs on the high sea were prohibited and transfers of asylum seekers to inhumane conditions under the Dublin system were prevented. The draft for the new CEAS are characterised by attempts to circumvent the consequences of these judgements. In this blogpost, I will discuss what the future of legal struggles within the framework of the new CEAS might look like. Continue reading >>
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06 April 2022
Enlarging the Hole in the Fence of Migrants’ Rights
With the judgment in A.A. and others v. North Macedonia, the European Court of Human Rights further branches out the creative exception to the prohibition of collective expulsions and turns it into an obligation to offer a place to apply for asylum somewhere at the border. But not only are these legal access points for asylum applications often de facto restricted, the ever more creative exceptions to rights of the Convention and its Protocols threatens the credibility and authority of the Court. Continue reading >>
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16 April 2012
On the Margin: Observations on Reception, Ratio and Reform of the Strasbourg Court
Strasburg prompts Discussion. Last friday, the European Court of Human […] Continue reading >>
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