Muñoz Ibarra, Irina – The Viability of Mutual Trust in European Union Human Rights Law

Muñoz Ibarra, Irina – The Viability of Mutual Trust in European Union Human Rights Law: An Analysis of the Scope of the Principle of Non-Refoulement for Transfers of Asylum Seekers under the Dublin Regulation

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Abstract

While public debate and media coverage on European asylum policy predominantly focus on human rights violations on the EU’s common external borders, this paper adopts a different point of view.

It analyzes the internal premises within the European common territory, which have led to violations of international refugee law and universal human rights norms inside the EU. In this context, the paper assesses the viability of the European principle of mutual trust within the Dublin system of transfers of asylum seekers in view of the overarching international principle of non-refoulement.

It shows that the European system of mutual recognition based on unconditional trust cannot be applied to policy fields which require a high degree of individual human rights protection under European and international law. Based on an analysis of international, European and national case law, the author demonstrates that the European Court of Justice has thus far failed to provide a sufficiently clear standard of proof for the rebuttal of trust in coherence with the established thresholds under the European Convention on Human Rights.

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