Case Law

23 March 2023 | Judicial Body: Republic of Korea: Constitutional Court | Topic(s): Arbitrary arrest and detention - Constitutional law - Immigration law | Countries: Egypt - Korea, Republic of

State Secretary for Justice and Security must investigate whether transferring aliens to Croatia on the basis of the European Dublin Regulation is contrary to the European Convention on Human Rights (ECHR).

13 April 2022 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Legal Instrument: 2013 Dublin III Regulation (EU) | Countries: Croatia - Egypt - Netherlands

The possibility of introducing an asylum claim is a conditio sine qua non for the effective protection of persons in need of international protection. If authorities do not guarantee unhindered access to the asylum procedure, asylum-seekers can not make use of the procedural rights foreseen within the asylum procedure and are at risk of being arrested at any time. Hence even if the asylum procedure offers effective safeguards, these are of no use if, as in the present case, the asylum claim is not registered for a long period of time. [85] violation of article 13 (effective remedy) in combination with article 3 ECHR.

15 March 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Effective protection - Effective remedy - Registration | Countries: Egypt - Greece - Sudan - Türkiye