Nuala Mole

Some Reflections on the Common European Asylum System and the Evolving European Case Law

  • Abstract

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Keywords: Common European Asylum System - European Convention on Human Rights -Dublin Regulation - interception on the high seas

This article looks at the evolution of the Common European Asylum System and the difficulties that have arisen in its implementation. It considers the extent to which these difficulties are a consequence of the failure to have secured harmonised asylum procedures and practices whilst adhering to the Dublin Regulation system for the transfer of individuals from one Member State to another. It looks at some key milestones in the jurisprudence of both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) in this field. It concludes by some reflections on the situation of mixed migration flows at the periphery of the European legal space and the compliance with European human rights norms of the responses with which they have been met.

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