The Shortcomings of Dublin II: Strasbourg's M.S.S. Judgment and Its Implications for the European Union's Legal Order
Wolfgang Benedek/Florence Benoît-Rohmer/Wolfram Karl/Manfred Nowak (eds), European Yearbook on Human Rights 2012 (NWV 2012) pp. 123-139
13 Pages Posted: 2 Dec 2012
Date Written: July 1, 2012
This paper analyses two essential judgments in the field of European asylum law: firstly Strasbourg’s verdict in M.S.S., and secondly Luxembourg’s ruling in N.S. and M.E. This contribution will present the details and the most imminent consequences of the M.S.S. judgment, in particular with respect to the European Union and its member states; after that, it will depict the details of the N.S. case, especially its significance for the future application of the Dublin II-Regulation, the autonomy of EU law vis-à-vis ECtHR judgments, and the possible development of infringement proceedings and preliminary ruling procedures in asylum-related cases; beyond that, this contribution will provide an outlook on the question how the M.S.S. and N.S. cases will influence the future judicial interface between the Luxembourg and Strasbourg Courts and whether the N.S. judgment may be seen as a preparatory act for the EU’s accession to the European Convention on Human Rights.
Keywords: Dublin II-Regulation, Common Asylum Policy, prohibition of torture and inhuman or degrading treatment or punishment, EU, ECHR, European Court of Justice, European Court of Human Rights, accession, preliminary ruling procedure, infringement proceedings, autonomy of EU law
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