CJEU: Request for preliminary ruling from the Court of the Hague, Joined Cases C-47/17 and C-48/17

Date: 
Monday, January 23, 2017

The Court of The Hague has referred a request for a preliminary ruling to the CJEU on the interpretation of Article 5(2) Implementing Regulation No. 1560/2003 in a case that concerns a request to Germany to “take back” the applicant by the Dutch authorities and the applicable time limits  for responding to the request for re-examination.
 
The Court of The Hague has referred six preliminary questions to the CJEU:

  1. Does the requested Member State, in view of the purpose, content and scope of the Dublin Regulation and the Procedures Directive, have to respond within two weeks on the request for re-examination as provided in Article 5(2) Implementing Regulation No. 1560/2003?
  2. If Question 1 is answered in the negative: does, in the light of the last sentence of Article 5(2) Implementing Regulation No. 1560/2003, the maximum period of one month as specified in Article 20(1) b) of Regulation 343/2003 (now Article 25(1) of the Dublin Regulation) apply?
  3. If Questions 1 and 2 are answered in the negative: does the requested Member State, as inferred by the the word "endeavour" in Article 5(2) of the Implementing Regulation No. 1560/2003, have a reasonable time to respond to the request for re-examination?
  4. If the requested Member State indeed has to respond to the request for re-examination within a reasonable time, on the basis of Article 5(2) Implementing Regulation No. 1560/2003, is it still a reasonable time, as in this case, if more than six months have passed? If this question is answered in the negative, what can be considered as a reasonable time?
  5. What should be the consequence if the requested Member State does not respond to the request for re-examination within two weeks, a month or a reasonable time? Is the requesting Member State then responsible for the substantive assessment of the asylum application, or the requested Member State?
  6. If (it is to be assumed that) the requested Member State is responsible for the substantive examination of the asylum application as it fails to respond to the request for re-examination within the time limits in accordance with Article 5(2) Implementing Regulation No. 1560/2003, what are the time limits for the requesting Member State to notify the applicant of this?

 Based on an unofficial translation by the ELENA Weekly Legal Update.



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Keywords: 
Dublin Transfer
Request to take back