Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/12/2023

Subject: According to the Court, where a time limit for the transfer of a third-country national between a requested Member State and a first requesting Member State has started to run, responsibility for examining the application for international protection lodged by that person is transferred to that requesting Member State by reason of the expiry of that time limit, even though that person, in the meantime, lodged a new application for international protection in a third Member State, which led to the acceptance by the requested Member State of a take back request made by that third Member State, provided that that responsibility has not been transferred to that third Member State by reason of the expiry of one of the time limits provided for in Regulation No 604/2013. Following such a transfer of responsibility, the Member State in which that person is present cannot transfer him or her to a Member State other than the newly responsible Member State, but it may, however, within the time limits laid down in that regulation, submit a take back request to the latter Member State. The Court affirmed that Regulation No 604/2013, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that a third-country national who has lodged an application for international protection successively in three Member States must be able, in the third of those Member States, to have available an effective and rapid remedy which enables him or her to rely on the fact that responsibility for examining his or her application was transferred, by reason of the expiry of the time limit for transfer provided for in that regulation, to the second of those Member States.

Classification: Freedoms - Art. 18 Right to asylum - Justice - Art. 47 Right to an effective remedy before a tribunal

Text