Council Recommendation for Promoting Cooperation and Solidarity Amongst the Member States: A Far Enough Step?

Insight

Abstract: The COVID-19 pandemic has prompted many EU Member States to introduce unilateral and diverse travel restriction measures and border controls. European Treaties do allow the Member States to derogate from free movements on the grounds of public health, however, the imposition of inconsistent and diverse restrictions threaten the integrity...

The New Pact on Migration and Asylum: Supporting or Constraining Rights of Vulnerable Groups?

Insight

Abstract: The new Pact on Migration and Asylum presented in September 2020 by the Commission proposes the reform of the Common European Asylum System. At the centre of the legislative changes is the effective protection of vulnerable applicants, indicatively minors, persons with disabilities or health issues and survivors of human trafficking and...

Defining the Boundaries of the Future Common European Asylum System with the Help of Hungary?

Insight

Abstract: In December 2020, the Grand Chamber of the CJUE has confirmed that Hungary has failed to fulfil its obligations under EU law in the area of procedures for granting international protection and returning illegally staying third-country nationals. The judgment in the case Commission v Hungary (case C-808/18 ECLI:EU:C:2020:1029) is...

Stranieri trattenuti alle frontiere esterne dell’Unione: il quadro di garanzie individuato dalla Corte di giustizia e le sfide del Nuovo patto sulle migrazioni e l’asilo

Insight

Abstract: This Insight discusses the Court of Justice’s judgment of 14 May 2020 in the joined cases C-924/19 and C-925/19, which concerned two couples of asylum seekers detained in the Röszke transit zone, at the Hungarian-Serbian border. The analysis focuses on the approach followed by the Court, that has addressed several issues under EU...

The COVID-19 Crisis and the Closure of External Borders: Another Stress-test for the Challenging Construction of Solidarity Within the EU?

Insight

Abstract: This Insight assesses the impact of the COVID-19 pandemic on the external borders of the EU. It first presents measures enacting the EU travel ban and also their implications on the European asylum system, as implemented by Member States’ administrations. In this context, it discusses some of the challenges which emerge: these...

Aucune justification du refus de participer au mécanisme temporaire de relocalisation de demandeurs d’une protection internationale

Insight

Abstract: In the case Commission v. Hungary, Poland and Czech Republic (judgment of 20 April 2020, joined cases C-715/17, C-718/17 and C-719/17), the Court of Justice clarified the scope of Art. 72 TFEU in the context of relocation of applicants for international protection during the 2015 “refugee crisis”. The Court held that it is not...

The COVID-19 Emergency and the Reintroduction of Internal Border Controls in the Schengen Area: Never Let a Serious Crisis Go to Waste

Insight

Abstract: The Insight analyses the wave of internal border control reintroductions following the COVID-19 outbreak. It addresses the relevant legal framework and discusses the possible implications for the Schengen Area, in the light of the recent practice of highly disputed prorogations of border controls and of the pending reform of the...

Pages