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The EU-Turkey Statement of 18 March 2016: a legal evaluation under Human Rights and European Migration Law

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Legal instruments

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European Commission, COM (2016) 467 final, Proposal for a Regulation of the European Parliament and of the Council establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU, Brussels, 13 July 2016.

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European Commission, COM (2016) 634 final, Third Report on the progress made in the implementation of the EU-Turkey Statement, Brussels, 28 September 2016.

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European Commission, COM (2017) 202 final, Tenth report on relocation and resettlement, Brussels, 2 March 2017.

European Commission, COM (2017) 204 final, Fifth report on the progress made in the implementation of the EU-Turkey Statement, Brussels, 2 March 2017.

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European Commission, Standard Summary Project Fiche, IPA decentralised National Programmes, Project number: TR 07 02 17.

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European Council, Statement of the EU Heads of State or government, Press Release, 7 March 2016.

European Council Conclusions, EUCO 12/1/16, 17-18 March 2016.

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Goodwin-Gill, G, Article 31 of the 1951 Convention relating to the Status of Refugees: Non-penalization, Detention and Protection, a paper prepared at the request of the Department of International Protection for the UNHCR Global Consultations, October 2001, par. 28; available at: www.unhcr.org/3bcfdf164.pdf.

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Human Rights Committee, The position of aliens under the Covenant, General Comment no. 15, 11 April 1986.

International Law Commission, Draft articles on the expulsion of aliens, with commentaries, 2014. Law No. 4375 of 2016 on the organization and operation of the Asylum Service, the Appeals

Authority, the Reception and Identification Service, the establishment of the General Secretariat for Reception, the transposition into Greek legislation of the provisions of Directive 2013/32/EC [Greece], 3 April 2016.

Law on Foreigners and International Protection, Republic of Turkey-Ministry of Interior, Directorate General of Migration Management, 10 April 2013.

Letter from Matthias Ruete, Director-General of European Commission Directorate-General Migration and Home Affairs, to Vasileios Papadopoulus, Secretary-General of the General Secretariat for Population and Social Cohesion, 5 May 2016.

Letter by members of the Asylum Appeals Committees of Greece (Presidential Decree 114/2010), regarding the latest developments in the asylum claims review process, 16 June 2016.

Ministry of Labour and Social Security of the Republic of Turkey, Implementation guide regarding the work permits of foreigners provided with temporary protection, April 2016.

Parliamentary Assembly of the Council of Europe, The situation of refugees and migrants under the EU-Turkey Agreement of 18 March 2016, Resolution 2109, 20 April 2016.

Regulation (EU) 439/2010 of the European Parliament and of the Council, establishing a European Asylum Support Office, 19 May 2010.

Regulation (EU) 604/2013 of the European Parliament and of the Council , establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or

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Regulation (EU) 1051/2013 of the European Parliament and of the Council, amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances, 22 October 2013.

Regulation (EU) 2015/0310 of the European Parliament and of the Council on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC, Brussels, 13 September 2016.

Regulation No. 1994/6169 on the Procedures and Principles related to Population Movements and Aliens Arriving in Turkey either as Individuals or in Groups Wishing to Seek Asylum either from Turkey or Requesting Residence Permission in order to Seek Asylum From Another Country (as amended in 1999), [Turkey] National legislative bodies, Official Gazette, 30 November 1994.

Temporary Protection Regulation, Directorate General for Migration Management, Ministry of Interior, Republic of Turkey, 22 October 2014.

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United Nations, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984.

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Case Law

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February 2002.

European Court of Human Rights, Abdolkhani and Karimnia v Turkey, Application no. 3047/08, 1 March 2010.

European Court of Human Rights, M.S.S. v Belgium and Greece, Application no. 30696/09, Strasbourg, 21 January 2011.

European Court of Human Rights, Hirsi Jamaa and others v Italy, Application no. 27765/09, Grand Chamber Judgment, Strasbourg, 23 February 2012.

European Court of Human Rights, A.D. and others v Turkey, Application no. 22681/09, Strasbourg, 22 July 2014.

European Court of Human Rights, Sharifi and others v Italy and Greece, Application no. 16643/09, Strasbourg, 21 October 2014.

European Court of Human Rights, Khlaifia and others v Italy, Application no. 16483/12, Strasbourg, 15 December 2015.

European Court of Human Rights, Alimov v Turkey, Application no. 14344/13, Strasbourg, 6 December 2016.

European Court of Human Rights, B.A.C. v Greece, Application no. 11981/15, Strasbourg, 13 January 2017.

European Court of Justice, Opinion 1/75, 11 November 1975; mentioned in: Gatti, M, The EU-Turkey Statement: a Treaty that violates democracy, EJIL: talk!, 18 April 2016.

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European Court of Justice,   French Republic v Commission of the European Communities, ( C-327/91), Judgment of the Court, 9 August 1994.

European Court of Justice, Firma Brita GmbH v. Hauptzollamt Hamburg-Hafen, (C-386/08), Judgment of the Court, 25 February 2010.

European Court of Justice, Action for annulment under Article 263 TFEU, Case C 658/11, Judgment of the Court (Grand Chamber), 24 June 2014.

European Court of Justice, Action for annulment under Article 263 TFEU, Case C 425/13, Judgment of the Court (Grand Chamber), 16 July 2014.

European Court of Justice, Hungary v Council of the European Union, Case C-647/15, Action brought on 3 December 2015.

European Court of Justice, NF v European Council, Case T-192/2016, Order of the General Court, Luxembourg, 28 February 2017.

International Court of Justice, Aegean Sea Continental Shelf (Greece v. Turkey), General list no. 62, Judgment, 19 December 1978.

International Court of Justice, Maritime delimitation and territorial questions between Qatar and Bahrain, General list no. 87, Judgment, 1 July 1994.

Official Journal of the European Union, Hungary v Council of the European Union, Case C-647/15, Action brought on 3 December 2015, 1 February 2016.

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