The Dublin system and ensuring the right to be free from inhuman or degrading treatment: limits beyond the loss of mutual trust. Comment of the ECtHR Judgment of 4.11.2014 (Grand Chamber), Tarakhel v. Switzerland, 29217/12
DOI:
https://doi.org/10.18042/cepc/rdce.51.10Keywords:
Dublin system, Asylum, Mutual trust, Vulnerability, Common European Asylum System, Inhuman or degrading treatmentAbstract
The judgment in the case Tarakhel temporarily solves some of the questions raised by the different approach to the limits to the application of the Dublin system based on respect for human rights made by the ECtHR and by the ECJ. The ECtHR considers that even in the absence of «systemic flaws» in the application of asylum in the destination country, the sending state must examine whether the transfer of an asylum seeker involves a real risk of inhuman or degrading treatment in view of the particular situation of the applicant and eventually his/her vulnerability, in particular, in case of children. The enforcement of cautionary procedural obligations before executing a decision of transfer in some cases also entails a weakening of the principle of mutual trust in the Dublin system.Downloads
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