Together Against Trafficking in Human Beings

CASE OF M.S.S. v. Belgium and Greece, Application no. 30696/09

CASE OF M.S.S. v. Belgium and Greece, Application no. 30696/09



Country: Belgium, Greece
Court: Council of Europe: European Court of Human Rights
Sentenced date: 21/01/2011

On the 21st of January 2011, the European Court of Human Rights issued the M.S.S. v. Belgium and Greece judgment, on the asylum seekers transfer system within the European Union. The Court held that asylum conditions in Greece were so bad that not only Greece had violated the ECHR, but also Belgium for having transferred an asylum seeker back to Greece. On the 22nd of September 2011, according to the opinion of Advocate General Trstenjak, asylum seekers may not be transferred to other Member States if they could there face a risk of serious breach of the fundamental rights which they are guaranteed under the Charter of Fundamental Rights.