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Anna Lübbe, ‘Systemic Flaws’ and Dublin Transfers: Incompatible Tests before the CJEU and the ECtHR?, International Journal of Refugee Law, Volume 27, Issue 1, March 2015, Pages 135–140, https://doi.org/10.1093/ijrl/eev004
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Abstract
The CJEU decision NS and others has led to a debate on the meaning and consequences of ‘systemic deficiencies’ or ‘systemic flaws’ as a precondition for a transfer obstacle within the Dublin system. This contribution proposes a concept that avoids any inconsistency between the CJEU and the ECtHR: a systemic flaw within the receiving country is required for an arguable claim, and a real risk of an inhuman or degrading treatment in the individual case is sufficient.
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