Danish Supreme Court rules against unlawful non-penalization practices affecting asylum seekers, highlighting deficiencies in rights information and implications for subsidiary protection.
On June 17th, the Danish Supreme Court delivered an important judgement concerning the principle of non-penalization of refugees, ending decades of unlawful prosecutorial practices. A closer reading points to longstanding deficiencies in informing asylum seekers of their rights during the procedure. Moreover, questions remain regarding the interpretation of Article 31 for beneficiaries of subsidiary protection.
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Jarlner et al. (2025) studied this question.
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