Monthly archive February, 2015

Another parochial decision? The Common European Asylum System at the crossroad between IHL and refugee law in Diakité

1. Introduction The relationship between the EU legal order and the international one has been the focus of attention in recent years. Whilst triggered by the ‘insurrectionist’ attitude of the Court of Justice of the European Union (CJEU) in the Kadi saga,[1] the study of the relationship between EU law and the international legal order...

An autonomous notion of non-international armed conflict in EU Asylum Law: Is there any role for International Humanitarian Law?

1. Introduction Under the law of the European Union, establishing the scope and extent of the concept of non-international armed conflict is essential in determining the limits and the extension of the subsidiary protection granted to those people fleeing their country, who are not protected by the Geneva Convention on the status of refugees. In...

Towards an Asylum Law of armed conflicts? The Diakité judgment of the Court of Justice of the European Union and its implications

Introduced by Marco Pertile On 30 January 2014, in the Diakité judgment, the Court of Justice of the European Union clearly took position on an issue that lies at the intersection between Asylum Law and International Humanitarian Law. The case concerned the definition of the concept of ‘internal armed conflict’ for the purposes of the...

Judgment 238/2014 of the Italian Constitutional Court: In search of a way out

In Judgment 238/2014 the Constitutional Court unhesitatingly gave precedence to the right to jurisdictional protection over compliance with international law. The high costs of the judgment in terms of respect for international law – and of the constitutional values enshrined in Articles 10 and 11 of the Italian Constitution – are apparent. Yet, taking into...