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

See all articles by Paul Gragl

Paul Gragl

Queen Mary, University of London

Date Written: July 1, 2012

Abstract

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

Suggested Citation

Gragl, Paul, The Shortcomings of Dublin II: Strasbourg's M.S.S. Judgment and Its Implications for the European Union's Legal Order (July 1, 2012). Wolfgang Benedek/Florence Benoît-Rohmer/Wolfram Karl/Manfred Nowak (eds), European Yearbook on Human Rights 2012 (NWV 2012) pp. 123-139. Available at SSRN: https://ssrn.com/abstract=2183677

Paul Gragl (Contact Author)

Queen Mary, University of London ( email )

Mile End Road
London, E1 4NS
United Kingdom

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