Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/16/2023

Subject: According to the Court, Article 16(1) of 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 must be interpreted as not applying where there is a dependency link either between an applicant for international protection and that applicant’s spouse who is legally resident in the Member State in which the application for such protection was lodged, or between the unborn child of that applicant and that spouse who is also the father of that child. Moreover, the Court affirmed that Article 17(1) of Regulation 604/2013must be interpreted as not precluding the legislation of a Member State from requiring the competent national authorities, on the sole ground of the best interests of the child, to examine an application for international protection lodged by a third-country national where she was pregnant at the time her application was lodged, even though the criteria set out in Articles 7 to 15 of that regulation indicate that another Member State is responsible for that application

Parties: Staatssecretaris van Justitie en Veiligheid (Enfant à naître au moment de la demande d’asile)

Classification: Freedoms - Art. 18 Right to asylum - Equality - Art. 24 Children’s rights

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