Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

University of San Diego

San Diego International Law Journal

Journal

2017

European Court of Justice

Articles 1 - 1 of 1

Full-Text Articles in Law

The Dublin Regulation And Systemic Flaws, Jason Mitchell Jan 2017

The Dublin Regulation And Systemic Flaws, Jason Mitchell

San Diego International Law Journal

This Comment will discuss the systemic flaws in the Dublin Regulation and in the Member States asylum procedures, as well as the need for specificity in the definition of the systemic flaws; discussed in the Dublin Regulation. Section II will explain the history and source of obligation underlying the Dublin Regulation, and will also detail its development since its inception. Section III will explore the meaning of systemic flaws found in Article 3 of the Dublin Regulation. Section III will also discuss the cases decided by the European Court of Human Rights ( ECtHR ) and the European Court of …