full screen background image

Events

21 September 2017 - October 5 & 6, 2017: ‘International Investment Law & the Law of Armed Conflict’ Colloquium on ‘International Inve ... +++ 21 September 2017 - 5 & 6 Οκτωβρίου 2017: International Investment Law & the Law of Armed Conflict 5 & 6 Οκτωβρίου 2017: ... +++ 29 April 2017 - Summer School on European Business Law, Corfu 2017, 24-28 Ιουλίου Το “Summer School” αποτε ... +++ 3 May 2016 - Εκδηλώσεις Τομέα Διεθνών Σπουδών – Κατεύθυνση Ι.Δ.Δ. ΑΝΑΚΟΙΝΩΣΗ Ο Καθηγ ... +++ 30 April 2016 - 9.5.2016: Ημερίδα – Το Πρόσωπο και η Οικογένεια στο Δίκαιο και την Κοινωνία   Το Ελληνικό Τμή ... +++ 30 March 2016 - 14th ICC Miami Conference on International Arbitration This conference provides an indispe ... +++

*Law of Aliens

Published on June 15th, 2018 | by Georgia Archonti

0

CJEU: Judgment C-647/16 Hassan, 31 May 2018

On 31 May 2018, the Court of Justice of the European Union ruled on case C-647/16 Hassan. The main proceedings concern Mr Hassan, an Iraqi national who was arrested in France on 26 November 2016. A search on Eurodac indicated that he had previously applied for international protection in Germany. On the same day of his arrest, the Prefect of Pas-de-Calais sent a take charge request to Germany under the Dublin III Regulation (DRIII), decided to transfer him to Germany and placed him in detention, even before Germany had implicitly or explicitly replied to that request.

On appeal, the Administrative Tribunal of Lille decided to refer a preliminary question to the CJEU regarding, in essence, whether Article 26(1) DRIII precludes a Member State from adopting a transfer decision and notifying it to the person concerned before the requested Member States has given its explicit or implicit agreement to that request.

The CJEU ruled that it follows from the actual wording of Article 26(1) DRIII that the notification of a transfer decision to the person concerned may take place only if, and therefore after, the requested Member State has agreed to the take charge or take back request. It is also clear from the wording of that article that the EU legislature established a specific procedural order between acceptance of the request and, only after, the notification of the transfer decision.

Moreover, the national practice in question would likely restrict the scope of the right to an effective remedy under Article 27(1) DRIII since a transfer decision adopted and notified to the person concerned before a reply from the requested Member State is based only on evidence and information gathered by the requesting Member State, and not from the requested Member State, which could be of particular importance in appeals against a transfer decision. In addition, if such practice is adopted in legal systems which do not provide for the suspension of a decision before a reply from the requested Member State, the person would be exposed to the risk of being transferred to that Member State even before it had given its consent.

For further information click here





About the Author


Back to Top ↑