Italy: Council of State suspends Dublin transfers to Bulgaria and Hungary

Tuesday, September 27, 2016

The Italian Council of State has delivered its first judgments suspending transfers of asylum seekers to Hungary and Bulgaria under the Dublin Regulation, to prevent violations of fundamental rights

Hungary: in Judgment 4004/2016, the Council of State examined the recent legislative and policy developments in Hungary, leading to an increase in the use of detention, as well as risks of refoulement to third countries. The Court drew on information contained in reports by UNHCR, the European Commission against Racism and Intolerance (ECRI) and Amnesty International, among others. On the basis of deficiencies in the asylum procedure and reception conditions, the Court found that the transfer of the asylum seeker to Hungary would violate Article 4 of the EU Charter of Fundamental Rights.

Bulgaria: Judgments 3998/2016, 3999/2016, 4000/2016 and 4002/2016 annulled decisions transferring asylum seekers to Bulgaria, on account of risks of inhuman or degrading treatment contrary to Article 4 of the EU Charter of Fundamental Rights.
The ELENA Weekly Legal Update would like to thank Silvia Canciani and Loredana Leo from ASGI for bringing this to our attention. 

Based on the AIDA article dated 29 September 2016, available here.

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.



Dublin Transfer
Inhuman or degrading treatment or punishment
Material reception conditions