M.S.S. V Belgium And Greece: Non-Refoulement, Systemic Deficiencies And The Limits Of The Dublin System

Abstract

The case of M.S.S. v. Belgium and Greece was an important one for European asylum and human rights law because it considered the interplay between the Dublin system and the rights of Member States under the European Convention on Human Rights. The European Court of Human Rights, Grand Chamber, found a violation of the applicant's right to life (Article 3) in the context of his detention and conditions in Greece, and held Belgium responsible for his transfer to Greece in the absence of any scant information regarding deficiencies in the Greek asylum system. The Court also held that Article 13 used together with Article 3 was violated because of the lack of effective remedies that can address the risks associated with the transfer. This case commentary focuses on the following three aspects of the application of non-refoulement in Article 3, the restrictions on the mutual trust doctrine within the Dublin system and the role of effective procedural safeguards. It also reflects on the significance of the judgment in the context of European asylum law and practice, especially given the recent case of N.S. v. Secretary of State for the Home Department and Tarakhel v. Switzerland. The commentary claims that M.S.S. continues to show the ongoing significance of inter-individual human rights assessment in frameworks of inter-State responsibility allocation.