Litigation in the European Court of Human Rights
The AIRE Centre specialises in litigation before the European Court of Human Rights and has acted in over 100 cases in one capacity or another since the organisation was founded in 1993. Our policy has always been to offer our litigation expertise in whatever form it is needed, which may mean acting as representatives on the record, sharing our expertise on procedural and substantive law, or intervening as an expert third party in cases which we are not assisting in the representation.
Our policy is to take to the European Court of Human Rights any case which we consider discloses an arguable violation of the Convention, which meets the procedural requirements (as provided in Articles 34 and 35 of the Convention) and where we have sufficient knowledge of the relevant national legal system or have litigation partners who have that knowledge.
On the left are links to summaries of some of the cases we have been involved in, sorted by theme, along with links to some of the judgments and decisions in those cases.
EU Law Litigation
The AIRE Centre is involved as third-party interveners in the following cases:
- Case C-411/10 R (NS) v SSHD. The case involves a reference from the Court of Appeal (England and Wales) to the Court of Justice of the European Union about the return of asylum seekers from the UK to Greece under the Dublin II Regulation. (Read the AIRE Centre Press Release)
- Case C-186/10 Oguz v SSHD. The case involves a reference from the Court of Appeal (England and Wales) to the Court of Justice of the European Union about the rights of Turkish workers in the UK under the Ankara Agreement. Judgment in this case was delivered by the Court on 21 July 2011: see also AIRE Centre Press Release.
- Patmalniece v SSWP. The case involves an appeal made by a Latvian national against the Department for Work and Pensions regarding access to State Pension Credit, a social assistance benefit. The case raises broader issues about EU migrants' access to social assistance and social security benefits. The Supreme Court of the United Kingdom will heard the case on 29 November 2010 and delivered its judgment on 16 March 2011.
- Case C-83/11 Secretary of State for the Home Department v Rahman. This case concerns the application and interpretation of Article 3(2) of Directive 2004/38/EC on the rights of entry and residence of other (extended) family members. An Order for Reference was made by the UK Upper Tribunal (Immigration and Asylum Chamber) to the Court of Justice of the European Union in February 2011.