Bullettin n. 1/2011
June 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Marchegiani Maura
    Regolamento “Dublino II” e Convenzione europea dei diritti umani: il caso M.S.S. c. Belgio e Grecia
    in Studi sull'integrazione europea , Anno VI, n. 2, maggio-agosto ,  2011 ,  357-366
    The recent judgement delivered on January 21, 2011, by the Grand Chamber of the European Court of Human Rights, in the M.S.S. case, raises the question of relationships between obligations under the European Convention on Human Rights and the Common European Asylum System (“CEAS”). Under the “Dublin II” Regulation (Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national), EU Member States and other cooperating European non-EU Member States, are required to determine, based on a hierarchy of objective criteria, which State is responsible for examining an asylum application lodged on their territory. The case concerns the decision, assumed by Belgian authorities and based on the “Dublin II” Regulation, to send back an asylum seeker to Greece, the country through which he/she had irregularly entered the EU. The purpose of this comment is to present some of the implications arising from the approach adopted by the European Court, which proceeds to the condemnation of both States concerned, for violation of Articles 2, 3 and 13 of the Convention, and to determine how that case helps to clarify the relations between the legal system of the Convention and the European Union.
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