Tag Archives: ECHR

Case C-638/16 PPU, X and X v Belgium (7 March 2017)

General background On 12 December 2016, the European Court of Justice (ECJ) received a request for a preliminary ruling from the Belgian Council for asylum and immigration proceedings. The case concerned a Syrian family living in Aleppo, Syria. Relying on … Continue reading

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Stephen Brittain on “The relationship between the EU Charter of Fundamental Rights and the European Convention on Human Rights: an Originalist Analysis”

Stephen Brittain published an article in the European Constitutional Law Review in December 2015. It looks at how one could bring an originalist perspective into the interpretation of the European Convention on Human Rights and the Charter, a field currently … Continue reading

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Tarakhel v. Switzerland (ECtHR), Appl. no. 29217/12, of 4 Nov. 2014

Introduction The Tarakhel v. Switzerland judgment underlines the importance of ensuring fundamental rights in the Dublin system and the problems in making the Dublin system consistent with the obligations and rights of the ECHR. The Dublin III Regulation sets criteria … Continue reading

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Problematic aspects of the EU’s accession to the ECHR

Steve Peers provides an explanation of Opinion 2/13 in his article The EU’s Accession to the ECHR: The Dream Becomes a Nightmare, published in the German Law Journal recently (Vol. 16, pp. 213-222), and he is very critical to such … Continue reading

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The EU’s accession to the European Convention on Human Rights – the final version of the Agreement on the accession is adopted

The idea that the EU should accede to the European Convention on Human Right (ECHR) was first proposed by the European Commission in 1979. On 5th of April 2013 the final version of the Draft Agreement on Accession of the … Continue reading

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Lenaerts on exploring the limits of the EU Charter of Fundamental Rights

The Charter became primary EU law when the Lisbon Treaty entered into force in December 2009. In order to understand the impact of the Charter on EU law the scope of it has to be determined, both regarding when it … Continue reading

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