'Systemic Flaws' and Dublin Transfers: Incompatible Tests before the CJEU and the ECtHR?

The CJEU decision NS and others has led to a debate on the meaning and consequences of ‘systemic deficiencies’ or ‘systemic flaws’ as a precondition for a transfer obstacle within the Dublin system. This contribution proposes a concept that avoids any inconsistency between the CJEU and the ECtHR: a systemic flaw within the receiving country is required for an arguable claim, and a real risk of an inhuman or degrading treatment in the individual case is sufficient.