21 December 2020
Still Waters Run Deep
That lawsuits taken by a Hungarian human rights NGO can reach the CJEU swifter than those launched by the Commission is clear evidence that strategic litigation and determined advocacy can move mountains. At the same time, this is also a cause for great concern. It speaks volumes of the Commission’s reluctance to promptly and effectively go after a Member State that deliberately ignores and breaches EU law. Continue reading >>
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11 December 2020
No, the Spanish Constitutional Court has not endorsed migrant push-backs in Ceuta and Melilla
The Spanish Constitutional Court has just published a long-awaited judgement on migrant push-backs or “devoluciones en caliente” at the Spanish enclaves bordering on Morocco. These push-backs are controversial, to say the least. While media rushed to cover the press release summary, and reports that the SCC seemed to have endorsed the practice were not wholly accurate, the actual judgement is flawed by internal contradictions. There is an irreconcilable gap between the theoretical respect for fundamental rights, and their effective protection. Continue reading >>18 November 2020
LawRules #9: We need to talk about Refugees and Migration Law
We need to talk about refugees and migration law. In discussions about these topics, refugees and migration policy are often being treated as the other of politics and policy. But the way states treat those seeking refuge and asylum on their territory is fundamentally a rule of law issue, and actually says a lot about the current state of the rule of law there: Are refugees able to enter a jurisdiction and apply for their right to asylum? Are due process obligations being observed? Do refugees have access to justice? Does the European migration law system work? Continue reading >>
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