LEGAL ANALYSIS: THE HOTSPOT APPROACH
Catharina and Robert have presented a basic analysis of the hotspot approach. It explores fundamental questions. How does the EU’s “hotspot approach“ influence asylum procedures and reception conditions in refugee camps at the EU external border? Does the “hotspot approach” and its implementation respect fundamental rights of asylum seekers and rule of law principles? This paper studies the approach and its implementation, using the example of the Greek Aegean islands. As the EU relocation decisions and the EU Turkey Statement alter the implementation of the hotspot approach in the Greek Aegean, these instruments have to be taken into consideration. The hotspot approach leads to a modification of both asylum procedures and reception conditions at the EU external border. The paper focuses on the law and administrative practice of hotspot asylum procedures and eventually looks at reception conditions in hotspot facilities and annex-camps.
(an English version is in progress)
CASE LAW ANALYSIS - WHERE THE COURTS ARE RIGHT, AND WHERE WRONG
PUTTING IT ALL TOGETHER - A BOOKLET ON FAMILY REUNION
Family reunification under the Dublin III Regulation is a simple and efficient procedure. In practice, it is confronted with various pitfalls. The booklet on family reunification, which we produced in cooperation with Diakonie Deutschland, is devoted to all questions relevant to practice - but not without leaving fundamental legal questions unanswered.
WHY THERE IS A CLAIM TO BE REUNIFIED WITH ONES FAMILY WITHIN EUROPE - LEGAL ARGUMENTS AND CASE LAW ANALYSIS
There has been and still is much controversy about whether the Dublin III Regulation gives asylum seekers an individual right to be reunited with their family members. The European Court of Justice in Luxembourg has increasingly geared its case law to the interests of asylum seekers. While the so-called Abdullahi ruling still stated that asylum seekers could not invoke the criteria of the Dublin II Regulation, which was still in force at the time, it has become clear since the Ghezelbash, Karim and Mengesteab cases at the latest that this is possible within the framework of the Dublin III Regulation. Asylum seekers have a right to the correct application of the regulation. The problem is that the case law of the European Court of Justice only refers to a situation in which the asylum seeker is respectively acting against the decision to be transferred to another Member State. The European Court of Justice has not yet decided whether asylum seekers can also go to court for a transfer - and by what means. We are sure: yes! We have made this clear several times in scientific and judicial analyses.
WHY IT IS ILLEGAL TO LIMIT FAMILY REUNIFICATION TO A CERTAIN NUMBER PER MONTH - LEGAL TREATISES
In 2017 there were reports that family reunification from Greece to Germany had been limited to 70 people per month. Although these figures were never confirmed, the reunification process was extremely slow, whereas the Dublin III Regulation is requiring speed and allowing only 6 months for transfers. Limitations and decelerations are illegal, as has been made clear at some point by German administrative courts. We have made a number of comments on this.