Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/14/2021

Subject: According to the Court, Directive 2013/33, laying down standards for the reception of applicants for international protection, precludes national legislation which excludes an applicant for international protection from access to the labour market on the sole ground that a transfer decision has been taken in his or her regard under Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person. The Court affirmed that a delay in the adoption of a decision at first instance concerning an application for international protection which results from a lack of cooperation by the applicant for international protection with the competent authorities may be attributed to that applicant; however, a Member State may not attribute to the applicant for international protection the delay in adopting a decision at first instance concerning an application for international protection on account of the fact that the applicant did not lodge his or her application with the first Member State of entry. Finally, according to the Court, a Member State may not attribute to the applicant for international protection the delay in processing his or her application which results from the bringing, by that applicant, of legal proceedings with suspensory effect against the transfer decision taken in his or her regard under Regulation No 604/2013

Parties: The International Protection Appeals Tribunal e a.

Classification: Freedoms - Art. 18 Right to asylum - Refugees

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