ECtHR – Judgment of 21.01.2011 (Grand Chamber), M.S.S. v. Belgium and Greece, 30696/09 – «Articles 3,13 ECHR – Prohibition of torture and inhuman or degrading treatment – Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining
Keywords:
Asylum seeker, Vulnerability, Reception, Prohibition of Inhuman or degrading treatment, Effective remedy, Dublin SystemAbstract
The Dublin System II and the harmonization of both asylum proceedings and reception duties of asylum seekers are all instruments of the Common European Asylum System. Dysfunctions in these instruments may involve violations of the ECHR. In the M.S.S. versus Belgium and Greece affair, the ECHR holds that Greece has violated Article 3 of the ECHR regarding the conditions of detention and subsistence suffered by an asylum seeker, as well as that Belgium has violated the same article for transferring the applicant to Greece under the Dublin System. In addition, the two States have been found in breach of Article 13 due to deficiencies in their asylum procedures. As for the Dublin System II, the ECHR judgment enshrines the sovereignty clause, initially included as a means of preserving State autonomy, as an instrument for ensuring respect for Human Rights.Downloads
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How to Cite
Morgades Gil, S. (2015). ECtHR – Judgment of 21.01.2011 (Grand Chamber), M.S.S. v. Belgium and Greece, 30696/09 – «Articles 3,13 ECHR – Prohibition of torture and inhuman or degrading treatment – Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining. Revista De Derecho Comunitario Europeo, (41), 183–204. Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/39503
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CASE LAW EUROPEAN COURT OF HUMAN RIGHTS
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