Professor Tridimas appears before Supreme Court of United Kingdom
May 2, 2011
Professor Takis Tridimas recently appeared before the Supreme Court of the United Kingdom in FA (Iraq) (FC) v Secretary of State for the Home Department, a case raising issues of principle regarding constitutional remedies and the protection of rights granted by European Union law.
The case centers on issues raised in the context of the EU policy on asylum and immigration. EU law provides, in addition to the right to asylum, for a more extended right of “subsidiary” or “humanitarian” protection where there is a substantial risk that, if a person is returned to his or her country of origin, he or she would face a real risk of suffering serious harm, Tridimas explained. The issue in the case is whether immigration rules of the United Kingdom comply with the EU “principle of equivalence” which requires that the procedures and remedies made available for the protection of EU rights by national law must not be less favorable than those available for similar domestic rights.