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European Observer on fundamental right's respect

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Case Law Joined cases C-411/10 and C-493/10 (22/09/2011)

Type: Opinions of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/22/2011

Subject: According to Advocate general, asylum seekers may not be transferred to other Member States if they could there face a risk of serious breach of the fundamental rights which they are guaranteed under the Charter of Fundamental Rights. In this context, the transferring Member State may proceed on the assumption that those rights will be respected; if that assumption is shown to be misplaced, however, that Member State is under an obligation to exercise its rights to assume responsibility for examining the asylum application itself.

Parties: N.S. c. Secretary of State for the Home Department e M.E. e a. c. Refugee Applications Commissioner Minister for Justice, Equality and Law Reform

Classification: Freedoms - Art. 18 Right to asylum

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