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The European Commission has agreed to release five documents that the European Citizen Action Service (ECAS) had requested concerning the UK opt-out from the Charter of Fundamental Rights. The Commission had initially refused to release them referring to the need to protect the legal advice it receives and its internal decision-making process.
On 8 May, the European Commission released its 2012 report on the application of the Charter of Fundamental Rights. The report examines the action taken by the EU in 2012 to implement the Charter's rights in EU legislation and to ensure that this is in compliance with the Charter. It also reports on the impact of the Charter on the external action of the EU and on the most relevant cases of the Court of Justice concerning the Charter.
Last week the Council reached an agreement with the European Parliament on the Schengen Governance legislative proposals, which include a regulation on a monitoring mechanism to verify the application of the Schengen acquis and an amendment to the Schengen Borders Code regarding the temporary reintroduction of border control at internal borders in exceptional circumstances. These will include serious threat to public policy or internal security and serious deficiencies relating to the external border controls.
(Asylum - Regulation (EC) No 343/2003 - Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national - Article 3(2) - Discretion of the Member States - Role of the Office of the United Nations High Commissioner for Refugees - Obligation of Member States to request that Office to present its views - None)
Facts of the case
The request for a preliminary ruling from the Austrian Asylum Court (Bundesasylamt) concerns a Somali national who entered the EU through Greece and applied for asylum in Austria after having transited through Macedonia, Serbia and Hungary. The national court raised three questions concerning the Dublin Regulation, which the Advocate GeneralCruz Villalón proposes the Court to answer to in the following manner.
A reference for a preliminary ruling concerning Article 41 of the Charter of Fundamental Rights and the Returns Directive was published by the CJEU this week. It was lodged on 6 May by the Tribunal administratif de Pau (France) and the questions read as follows:
The Dutch Council of State has decided to refer a question for a preliminary ruling of the Court of Justice of the European Union concerning the assessment of the credibility of asylum claims based on persecution on grounds of sexual orientation:
A reference for a preliminary ruling concerning the impact Article 41 of the Charter of Fundamental Rights on return decisions was published this week by the CJEU. It was lodged on 3 April 2013 by the Tribunal administratif de Melun (France) and the questions read as follows:
The Parliamentary Assembly of the Council of Europe has adopted two reports with the corresponding resolutions and recommendations to the Committee of Ministers concerning migration and asylum issues.
