CEU eTD Collection (2017); Garaki, Maria Evangelia: The ill-founded design of the Dublin System through the case-law of the ECHR and the CJEU and the role of strategic litigation with a special focus on Greece

CEU Electronic Theses and Dissertations, 2017
Author Garaki, Maria Evangelia
Title The ill-founded design of the Dublin System through the case-law of the ECHR and the CJEU and the role of strategic litigation with a special focus on Greece
Summary The current analysis drags inspiration from the resent debate on the European Asylum and Migration Agenda. The current mass influx of migrants and asylum seekers that the European Union is facing, has brought the debate about the Dublin System and the overall assessment of the European Union’s Policy on Migration and Asylum at the forefront of the political agenda. The European Court of Human Rights and the Court of Justice of the European Union have repeatedly identified many of the inconsistencies of the Dublin System over the last 8 years. Many scholars have advocated that the Dublin System is ill founded and no judicial efforts can deliver a significant and meaningful change. Apart from the past and the current status of the Dublin System and EU’s Migration and Asylum Policy, it is important to observe the role that strategic litigation had through this procedure and the role that it is expected to play in the future
Looking away from the facts that surround the Dublin’s System history and evolvement, the current mass influx situation has become a prominent problem for the EU to solve. The approximately 1,3 million people who have crossed the European borders (mainly from Greece) have generated an avalanche of legislative reforms and of political radicalization across the continent. In order for this situation to be handled the EU is not only considering legislative measures and reforms, but also proceeds with bilateral agreements with neighboring countries. Especially the EU -Turkey Agreement has raised a lot of concerns about the low level of respect for fundamental rights
Supervisor Marie - Pierre Granger
Department Legal Studies MA
Full texthttps://www.etd.ceu.edu/2017/garaki_maria.pdf

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