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EU: Statewatch Analysis: Court of Justice:The NS and ME Opinions -The Death of “Mutual Trust”? by Steve Peers, Professor of Law, University of Essex

01 September 2011

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EU: Statewatch Analysis: Court of Justice:The NS and ME Opinions -The Death of “Mutual Trust”? (pdf) by Steve Peers, Professor of Law, University of Essex

"The key arguments in the opinions are that (a) there is no complete ‘opt-out’ from the Charter for the UK and Poland, although the effect of the Charter might be limited for those States as regards social rights; and (b) despite the Dublin system, asylum-seekers cannot be sent to a Member State where there is a serious risk that their Charter rights will be violated.

The Opinions would mean the end of the concept of absolute mutual recognition of other Member States’ decisions in EU Justice and Home Affairs law, as they would confirm that Member States cannot automatically rely on ‘mutual trust’ that other Member States will observe human rights." [emphasis in original]

ECJ Press release: According to Advocate General Trstenjak, asylum seekers may not be transferred to other Member States if they could there face a risk of serious breach of the fundamental rights which they are guaranteed under the Charter of Fundamental Rights (pdf)

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