Detention in the Hungarian transit zones: A case of divergence between Luxembourg and Strasbourg?

Abstract

In the last two years, the European Court of Justice and the European Court of Human Rights have issued several landmark judgments concerning the Hungarian transit zones, set up by the Hungarian government during the ‘refugee crisis’. In their rulings, the two European Courts have proposed different interpretations of the concept of detention, which is a major component of the right to security and liberty protected by Article 5 of the ECHR and Article 6 of the Charter. Victor Davio's presentation will examine whether this situation can be seen as a case of divergence between the two Courts, and more specifically, whether it corresponds to a case where EU law offers a higher level of protection of fundamental rights than the ECHR system