HUMAN RIGHTS

HUMAN RIGHTS JUDICIAL DECISIONS 537 As anticipated, the Consiglio di Stato reached the same conclusion in the case at hand. In the first place, it endorsed the appellant’s arguments insofar as it finds that the previous judgment was based on a weak evidentiary basis; to this end, it examined and took into due account the aforementioned different sources. Hence, it concluded that those sources were sufficient to make clear that the Hungarian asylum system is affected by systemic flaws, and that there was a real risk that the transfer would have exposed the applicant to a treatment contrary to Article 4 EU Charter. From this analysis, it emerges that the decision of the Consiglio di Stato fully adheres to the principles established by both the ECtHR and the CJEU and, for this reason, it contributes to the protection of fundamental rights in the Dublin system. Thus, the present judgment can be seen as a positive development in the Italian jurisprudence concerning Dublin transfers. On the one hand, it contributes to re- inforce the concept that mutual trust in the Dublin system is not a dogma and thus the right to an effective remedy as well as proper supervision by the judiciary http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

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Publisher
Brill | Nijhoff
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
D.O.I.
10.1163/22116133-90000179
Publisher site
See Article on Publisher Site

Abstract

JUDICIAL DECISIONS 537 As anticipated, the Consiglio di Stato reached the same conclusion in the case at hand. In the first place, it endorsed the appellant’s arguments insofar as it finds that the previous judgment was based on a weak evidentiary basis; to this end, it examined and took into due account the aforementioned different sources. Hence, it concluded that those sources were sufficient to make clear that the Hungarian asylum system is affected by systemic flaws, and that there was a real risk that the transfer would have exposed the applicant to a treatment contrary to Article 4 EU Charter. From this analysis, it emerges that the decision of the Consiglio di Stato fully adheres to the principles established by both the ECtHR and the CJEU and, for this reason, it contributes to the protection of fundamental rights in the Dublin system. Thus, the present judgment can be seen as a positive development in the Italian jurisprudence concerning Dublin transfers. On the one hand, it contributes to re- inforce the concept that mutual trust in the Dublin system is not a dogma and thus the right to an effective remedy as well as proper supervision by the judiciary

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Oct 11, 2017

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