Formalism vs. empiricism. Some reflections on the Dublin convention on the occasion of recent European case law
The drafters of the 1990 Dublin Convention knowingly and willfully disregarded divergences among Member States' protection systems. Like a boomerang, the fallacy of this approach has now reappeared in cases where asylum seekers have challenged transfers under the Convention, tasking judges to tackle a problem which its drafters avoided. The core issue of this article is whether and when such diver
