The Preliminary Legal Opinion from the European Court of Justice, Tamas Lattman (IIR, Czech Republic)

The preliminary legal opinion from the European Court of Justice – maybe it is a green light for the emergency relocation system a hundred meters after it left the crossing. The Opinion of Advocate General Yves Bot, published on 26 July 2017, signals an important step towards closing the legal case initiated by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers created by the Council in September of 2015 to assist Greece and Italy. It is not favourable towards the two member states’ arguments, and it proposes that the Court dismiss them, and uphold the Council’s decision. This Reflection analyses the original decision, the arguments and the possible political consequences.

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