Op-Ed: “H.A. v Belgium: migration law is not a ‘law of exception’” by Carlos Oviedo Moreno

On 15 April, the Court of Justice published its judgment H.A. v Belgium (C-194/19). This case revolves around the scope of the legal remedy against a transfer decision taken under Regulation 604/2013 (Dublin III Regulation). A transfer decision entails that an applicant for international protection is expelled from the Member State in which he or she  lodged its request for protection to the Member State considered responsible to decide on that particular international protection procedure. The Dublin III Regulation contains the rules governing this attribution of responsibility.

At first glance, the judgment may seem like a routine application of the procedural right to an effective remedy. On closer look, it becomes clear that i