Wednesday, November 12, 2014

EU Advocate General opinion on U.S. soldier's asylum claim

Eleanor Sharpston QC
EU Advocate General
European Union Advocate General Eleanor V.E. Sharpston QC has issued an opinion concerning the asylum claim of U.S. Army soldier André Lawrence Shepherd. The Wall Street Journal reports here on the issues in the case. Her views are not binding on the European Court of Justice but are likely to carry great weight there. According to The Journal:
The advocate general left one question open that could have a significant bearing on what the German court eventually decides. She said it was for the German court to examine the details of the case and decide whether the punishment that Mr. Shepherd would face if convicted of desertion in the U.S. would count as an act of persecution. She said the European court didn’t have enough material evidence to give an opinion on that question.
The full text of the Advocate General's opinion in Shepherd v. Bundesrepublik Deutschland, No. C-472/13, is available here. The official press release can be found here.

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