THE FLAWED EU ASYLUM SYSTEM - HUMAN RIGHTS TRUMPS POLICY
THE FLAWED EU ASYLUM SYSTEM - HUMAN RIGHTS TRUMPS POLICY

Summary/Abstract: EU Member States vouched for a Common European Asylum System (CEAS) as their long-term goal from the Summit in Tampere. The short term goal was the common standards for fair and efficient asylum procedure. The different conditions governing the asylum procedures and the treatment of asylum seekers, especially in Greece made this primary idea difficult to be realized. This was demonstrated through the cases of MSS v. Belgium and Greece, the case of Eljafaji, the case of NS v. Secretary of State for the Home Department, etc. It was concluded by the European Court of Justice and the European Court of Human Rights that countries must take into account the conditions in which they are returning the asylum seekers. They must check if the asylum seekers will have effective legal remedies available and treatment that does not qualify as torture, inhumane or degrading treatment.

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