CJEU: Request for a preliminary ruling from the Dutch Council of State

Wednesday, September 27, 2017

On 27 September 2017, the Dutch Council of State referred a question for a preliminary ruling to the CJEU regarding the possibility to lodge an appeal against an incorrect application of the responsibility criteria under the Dublin III Regulation in the Member State where an asylum applicant submits his second asylum application. The question is:

  1. Must Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 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 be interpreted as meaning that only the Member State where an asylum seeker submits his first application is responsible for applying the responsibility criteria and, as a consequence, is the only Member State where a third country national can challenge an incorrect application of that criteria under Article 27 of that Regulation?

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

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Effective remedy (right to)
Responsibility for examining application