Introductory note to the European Court Of Human Rights : M.S.S. V. Belgium & Greece

Abstract

On January 21, 2011, the Grand Chamber of the European Court of Human Rights delivered its judgment in M.S.S. v. Belgium & Greece, holding that the applicant, an Afghan national, had suffered a violation of his rights when he was returned to Greece by Belgian authorities strictly applying the Dublin II Regulation. This is the first judgment the Court has delivered regarding the so-called Dublin II Regulation, and it comes at a time of an effective stalemate in deliberations within the European Union concerning its amendment. The judgment resonates with deeper significance from a human rights perspective as it highlights the shortcomings of the Dublin II Regulation. It declares that it is no longer safe to automatically transfer asylum seekers between EU Member States.