ASIL has just published an Insight article about M.S.S. v. Belgium & Greece written by Tom Syring, Co-chair of the ASIL International Refugee Law Interest Group, who currently serves at the Norwegian Immigration Appeals Board.
Excerpt from the conclusion: “Apart from criticizing Greece for the current conditions of detention and subsistence awaiting asylum seekers, and Belgium for ‘intentional blindness’ for failing to properly scrutinize the adequacy of protection against refoulement in Greece, despite the fact that circumstances had called for application of the sovereignty clause, the Grand Chamber’s judgment exposes flaws in the current European asylum regime.
The judgment acknowledges … challenges [posed by CEAS and the Dublin regulation], yet underlines that neither uneven burden-distribution (Greece) nor a state’s minimalist reading of the Dublin Regulation (Belgium) absolves Member States of their responsibilities vis-à-vis the Convention or other applicable international treaties, including the 1951 Refugee Convention. As long as the EU and CEAS are comprised of individual Member States, as opposed to a ‘United States of Europe,’ individual states will be held responsible for independently assessing each case for the risk of direct or indirect refoulement. While the Grand Chamber judgment uncovered a number of deficiencies in the current European asylum system, solutions to CEAS may have to be found outside the ‘Dublin world.’”
Click here for full article.