Swiss Review of International and European Law Logo Schulthess juristische Medien AG
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In the last few years, the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ) have been confronted with numerous cases concerning migration and thus Schengen and Dublin regulations. It cannot be denied that the EU and Council of Europe (CoE) member states are struggling to tackle the ongoing refugee crisis and seem incapable of averting the human suffering resulting therefrom. In consequence, the rulings of the European Courts have become indispensable: they have taken on their responsibility to protect and secure fundamental human and democratic rights. They interpret and complete the Schengen and Dublin regulations where gaps exist or where the EU and CoE member states are challenged by their application. Although they speak for singular cases, their rulings have become a guide for practice and serve as leading cases far beyond Europe’s borders.