To trust or not to trust? New dilemmas in the case of a risk of indirect refoulement following a Dublin procedure for transfer of asylum seekers

The protection of fundamental rights under the Dublin system has been a very challenging issue in the European Court of Justice (ECJ) jurisprudence which, for that matter, has fruitfully benefited of the dialogue with national courts and the European Court of Human Rights. Beginning with the seminal judgement in N.S., the Court of Justice has strived to ensure a difficult balance between mutual trust and protection against torture and inhuman or degrading treatment. Following two requests for preliminary ruling issued in April and May 2021 by two Italian Courts, the ECJ must now address new dilemmas. Both requests concern the possible suspension of the Dublin procedure where, after the transfer of the asylum seeker to the competent Member State which has already denied his asylum request, he is likely to be deported to his country of origin in which he would run a real risk of torture or inhuman or degrading treatment. Once again, the suspension of the Dublin mechanism to ensure fundamental rights, namely protection against indirect refoulement, is at the heart of the issue. And, once again, mutual trust and the lack of a uniform implementation of EU law among Member States are the elephants in the room. <a href="https://medium.com/@centreforjudicialcooperation/to-trust-or-not-to-trust-82cbebbac2e">Learn More</a>